T52. 




Book » 1 ^ K> 



► ^ >■ 



IsX^Se^ion. i \ No. 55. 



ADMISSION OF TENNESSEE. 
[To accompany H. Ees. No. 83.] 




, MEMORIAL 

OF 

CITIZENS or TENNESSEE 



That the p^-esent State organization of Tennessee may he recognized^ and its 

perpetuity guaranteed. 



February 13, 1866. — Referred to the Joint Select Committee on Eecoustruction. 

March 5, \^Q^i. — Reported from tlie Select Committee on Reconstriiction, ordered to be 

printed, and recommitted to the Counnittee on Recou.>itruction. 



To the Senate and House of Representatives of the United States in Congress 

assembled : 

The unclersigned, citizens of the United States and of the State of Tennes- 
see, beg leave, respectfully, to represent that by the operations of the recent 
rebellion the governing officers of their State abdicated their respective posts, 
and left the government without agents to carry it on. In this attitude of 
affairs one of our citizens, Andrew Johnson, was, on the 3d of March, 1862, by 
the President of the United States, appointed military governor of the State, 
which office he continued to hold until the 3d of March, 18G5, 

To remedy this state of things, the loyal people of the State, by their dele- 
gates, on the 8th of January, 1865, assembled in convention at the capitol, in 
the city of Nashville, " to take such steps as wisdom might direct to restore the 
the State of Tennessee to its once honored status in the great national Union." 

Certain amendments were proposed to qwv admirable State constitution, made 
necessary, in the opinion of the convention, by the altered relations of slavery, 
and by the action of persons engaged in the rebellion, who had temporarily 
usurped the machinery of the State government, and by the vacancy of the 
several State offices, for the filling of which there was no present provision of 
law. These amendments the convention submitted to the vote of their con- 
stituents on the 22d of February, 1865, and they were by them adopted. 
While this proceeding met with the concui'rence and co-operation of the mili- 
tary governor, it was the spontaneous action of the loyal people themselves. 

Having thus provided for the reorganization of the government under her 
pre-existing constitution so amended, the work was completed by the election 
of a governor and legislature on the 4th of March following, who, on the 3d of 
April, entered upon the duties of their respective offices. 



j^Z^^ 



/^5'^ 



ADMISSION OF TENNESSEE. 



A copy of the several amenclmcutfj, incorporated into the organic law of the 
State, and the proceedings of the legislature at its first session, certified offi- 
cially by the secretary of State, and published by authority, is herewhh ap- 
pended and adopted as a part of this statement. 

The government so organized has had unresisted and uninterrupted jurisdic- 
tion of the State ever since. 

The undersigned respectfully submit that the said government is republican 
in form as well as in spirit, and they ask that the same be recognized and its 
perpetuity guaranteed as the true and proper government of the State of Ten- 
ne.^see, entitled to the same immunities, functions, and prerogatives as the State 
enjoyed by virtue of an act of Congress approved on the 1st day of June, 1796, 
until lier relations -with the government were disturbed by the treason of a por- 
tion of her citizens. 

EDW'D COOPER, 
HORACE MAYNARD, 
JNO. W. LEFTWICH, 
W. B. STOKES. 
February 13, 1S66. 



ACTS OF THE STATE OF TENNESSEE, PASSED AT THE FIRST SESSION OF 
THE THIRTY-FOUllTH GENERAL ASSEMBLY, FOR THE YEAR 1865. 

[Publisbed by autlioritj-.J 

TABLE OF CONTEXTS. 

Intrfifitictorv documents. 

Appointment of Andrew Johnson as militai y governor of Tennessee by the President. 

Call for H convention. 

PropoM-d alteration and ameudmeuts to the constitution of Tennessee. 

Governor's proclamation. 

Official declaration of the ratification of the amendments to the constitution. 

Governor's message. 

Ch APTKR I. — An act to regulate the county court of Shelby county. 

CHAPTKK II. — .\n act to increase the compensation of .judges. 

ChaI'TKK 111. — An act to iucreiise the pay of public printer. 

Chai'TKU IV. — An act to punish all armed prowlers, guerillas, brigands, and highway robbers, and for other 

purposes. 
CHAI'TKK y. — An act to amend the criminal laws of the State of Tennessee. 

Chaptkr VI. — An act to repeal the 3d article of the 5th chapter, title 5, of the Code of Tennessee. 
Chaptku VII. — An act to establish the eighth chancery district of Tennessee. 
Ch.M'TKU VIII. — An act to amend the revenue laws of the .State. 

Chai'TEK IX. — An act to more ellVetiuxlly manage the penitentiary, and for other purposes. 
Chai'TKU X. — An act to provide for the limitation of actions, and for other purpo.ses. 
CHAI'TKK XI. — An act to ti.\ the fees to be paid by commissioners of deeds resident in other States. 
Chai'TKU XII. — An act for the relief of indigent families of soldiers. 

CHAI'TKU XIII. — An act to amend the corporation of the city of Shelbyville, and for other purposes. 
CHAI'TKU XIV. — An act to change the times of holding the chancery coiu-ts at Athens and Benton in this 

State. 
CHAI'TKU XV. — An act to repeal an act passed on the 19th day of March, 18C0, to repeal section 4765 of the 

Code, and to re-enact section 4766 of the Code. 
CHAI'TKU XVI —An act to limit the elective franchise. 
CHAI'TKU XVII. — An act to repeal an act incorporating a military department in Andrew College and the 

Memphis Arms Company, iiud for other purposes. 
CHAI'TKU XVI II. — An act to amend section 117 of the Code, and for other purposes. 
CHAI'TKU XIX. — An act to authorize the investment of trust funds, and for i>tlu'r purposes. 
CHAI'TKU X.\.— An act to establish a claim iig.-ucy of Tennessee in the city of VVushiugton. 
CHAI'TKU XXI.— .\n act for the benefit of iliseharged llnion soldiers. 
CHAI'TKU XXII.— An act accepting, on the part of the State of Tennessee, n grant of land made by the United 

States to the several States and Territories which way provide colleges for the benefit of agriculture and 

the nieelianie arts. 
CHAI'TKU X.XIII. — An act to provide for the payment of certain counsel fees. 
Chattku X.XIV. — An act for the protection of sheriffs and other civil officers of the State. 
Chaptku X.W. — An act to regulate the stock of the county of Sumner in the Nashville and Louisville rail- 
road, and for other jiurposes. 
Chaptku X.WI.— An act to accept the surrender of the charter of the Bank of Middle Tennessee, and for 

other purposes. 
Chaptku X.WII. — An act to repeal the law apportioning money to division fairs and county societies. 
Chaptku XX VI II. — An act to supply lost deeds and title jiapers. 
Chaptku X.XIX. — An act to modify the oath prescribed for liquor dealers. 
Chaptku X.X.X.- Au act to release the citizens from paying the State and countv taxes for the years 1862, 

1863, and 18ii4. 
Chaptkr XXXI. — An act to amend an act to reform and regulate banking in Tennessee, passed February 6, 

18G2. 

* ' • I • 



4 



ADMISSION OF TENNESSEE. 6 

Chapter XXXII. — An act to declare and make valid certain acts of certain offlcsrs of thiis State. 

Chafter XXXIII. — An act to provide for the payment of tlie governor's staff. 

Ohai'TER XXXIV. — An act to apportion the representation in tbe Congress of the United States. 

Chaptkr XXXV. — An act to secure tlie funds provided for public education. 

Chapter XXXVI. — An act to pay the current expenses of this session of the general assembly, and for other 

purposes. 
Chaptj:r XXXVII. — An act to change the eleventh, tvyelfth, and fourteenth judicial circuits of this State 

and for other purposes. 

PEIVATE ACTS. 

Chapter I. — An act for the benefit of J. G. Frazer, clerk of the supreme court for the middle district of 
Tennessee. 

Chapter II. An act to incorporate the East Tennessee Iron, Coal, and Petroleum Company. 

Chapter III. — An act to incorporate the Raul-ston Oil and Salt Company. 

Chapter IV. — An act to develope the various oil and mineral interests of the State of Tennessee, and for 
other purposes. 

Chapter V. — An act to incorporate the Bridgeman Oil and Salt Company. 

Chapter VI. — An act to charter the Tennessee Express Company. 

Chapter VII. — An act to incorporate the Memphis Ladies' Institute, of Memphis, Tennessee. 

Chapter VIII. — An act to incorporate the Tennessee Colonial Company for the pairpose of promoting emi- 
gration, to estalilish vineyards, develope the mineral and other resources of the State of Tennessee. 
Chapter IX. — An act to incorporate the Cairo and New Orleans Pilot's Benevolent Association. 

Chai'TER X. — An act incorporating the Great Southwestei-n Oil and Mining Company. 

Chapter XI. — An act to change a railroad fund into a county fund for Blount county. 

Chapter XII. — An act to incorporate the Tennessee Fire and Marine Insurance Company. 

Chai'TER XIII. — An act to incorporate a literary society of Nashville, known as the " Agnomen Club." 

Chapter XIV. — An act to authorize and instruct the comptroller of the treasury to audit, and the treasurer 
to pay the salary due the Hon. Samuel D. Frierson, chancellor. 

Chapter' XV. — An act to amend an act passed on the 26th of Febniary, 1858, entitled "An act to charter the 
Cleveland and Ducktown railroad. 

Chapter XVI. — An act to incorporate the Nashville Barbers' Association. 

Chapter XVII. — An act to incorporate the Tennessee Oil, Mining, and Manufacturing Company. 

Chapter XVIII. — An act to 'incorporate the Memphis City Railroad Company. 

Chapter XIX. — An act to incorporate the Tennessee and Kentucky Petroleum, Mining, and Manufacturing 
Company, and for other purposes. 

Chapter XX. — An act to amend an act authorizing John C. Haley to establish a turnpike road, passed 
Oetol)er-28, 1833. 

Chapter XXI. — An act to incorporate the Memphis and Mound City Arkansas Steam Packet Company of 
Memphis. 

Chapter XXII. — An act to incorporate the Tennessee Mountain Petroleum and Mining Company. 

Chapter XXIII. — An act to incorporate the East Tennessee Union Petroleitm, Coal, Iron, and Salt Company. 

Chapter XXIV. — An act to incorporate the Manchester and Barren Fork Mining and Manufacturing Company. 

Chapter XXV. — An act to amend an act entitled "An act to incorporate the East Tennessee and Vii'giuia 
Railroad Company, " passed the 27th day of January, 1 848. 

Chapter XXVI. — An act to incorpoi-aie the Tennessee Mining and Manufacturing Company. 

Chapter XXVII. — An act to incorporate the Tennessee and Cumberland Oil and Mining Company. 

Chapter XXVIII. — An act to charter the East Tennessee Female College. 

Chapter XXIX; — An act to change the line between the counties of Anderson and Campbell. 

Chapter XXX. — An act to incorporate the Cumberland Basin Petroleum and Mining Company. 

Chapter XXXI. — An act to incorporate the Cumberland Mining and Petroleum Company, and for other 
purpose,s. 

Chapter XXXII. — An act to incorporate the United Hebrew Brethren Benefit Society of Memphis. 

Chapter XXXIII. — An act to encourage the planting, improvement, and other interests of the State of Ten- 
nessee, and for other purposes. 

Chapter XXXIV. — An act to incorporate the New Vork and Tennessee Petroleum and Mining Company. 

Chapter XXXV. — An act to recharter the Tennessee Marine and Fire Insurance Company. 

EESOLUTIONS. 

Number I. — Joint resolution to compare the vote for governor. 

Number II. — A joint resolution of respect to the memory of Hon. Samuel K. McCammon. 

Number III. — Senate resolution to print rules for its government. 

NUiMBER IV. — Senate resolution fixing number of papers to be taken b}» members. 

Number V. — Senate resolution inviting General Thomas to a seat in the senate. 

Number VI. — Senate resolution to open the senate with prayer. 

Number VII. — Joint resolution to notify the governor of his election. 

Number VIII. — Joint resolution to meet in convention to inaugurate the governor. 

Number IX. — Joint refcolution adopting the amendments of the Constitution ef the United States abolishing 

slavery. 
NUjMber X. — A joint resolution tendering the thanks of the general assembly of the State of Tennessee to 

General Thomas. 
Number XI. — Joint resolution tendering the thanks of the loyal people of Tennessee to the legislature of Ohio. 
Nu.MBER XII. — Joint resolution directing the State treasiirer to pay to memberij of the legislature the amount 

due them. 
Number XIII. — Joint resolution to elect a secretary of state. 
Number XIV. — Joint resolution to raise a committee on the State library. 

Number XV. — Joint resolution to appoint a joint committee of the two houses to report joint rules and regu- 
lations for the government of both houses. 
Number XVI. — Joint resolution to raise a joint committee to redistrict the State. 
Number XVII. — Joint resolution to appoint a committee to investigate the past and present condition and 

management of the penitentiary. 
NUMP.ER XVIII. — Joint resolution appointing a committee to report what action should be had with reference 

to the death of President Abraham Lincoln. 
Number XIX. — Joint resolution expressing the sense of the general assembly on the death of President 

Abraham Lincoln. 
NUMP.KR XX. — Joint resolntion to support the administration of President Johnson. 
Number XXI. — joint resolution reijuesting the governor of the State to communicate certain facts to the 

President of the United States. 



4 ADMISSION OF TENNESSEE. 

XUMIiKU XXII. — Joint ri'snlntion iiUowiii^r iiiilpngo to Mrssrs. fJnintliain and Tiglic. 

Nl'MliKK XXIII. — Joint resolution to meet in convention to elect a comptroller. 

Nlmiikk XXIV. — Joint rcsolntiou raisinp; a joint committee on ways ami means. 

IS'U.MliKii X.W. — Joint resohitjon to meet in convention to elect registerH of land offlceB. 

Nu.MlUsU XX\'I. — Joint resolntion for the benefit of V. Meyers. 

Xu.MIiKIl XXVII. — Joint resolution to meet in convention to elect a secretary of state. 

NUMliKli XXVIII. — Joint resolution to meet in convention to elect a treasurer and secretary of state, 

Nu.MltKK XXIX. — Joint resolution in retrard to the .State library. 

Nl'MliK.K XXX. — Joint resolntion to meet in convention to elect senators to the United States Conprogs. 

Nu.MliKii XX.Xl. — A joint resolutiou to declare the office of comptroller of the treasury of the State of Ten- 
nessee vacant. 

NUMltlCR XXXII. — Joint resolution to meet in convention to elect a public printer. 

Mu.MBEii XX.XIII. — Joint resolution to meet in convention to elect a State librarian. 

Xu.MBKti XX.XIV. — Joint resolutiou offering a reward of five thousand dollars for the apprehension of Isham 
G. Harris. 

NUMBKif. XXXV. — A joint resolntion to meet the house In convention to elect a State comptroller. 

Nu.MHKK XXXVI. — Joint resoluti(m to raise a joint connnittee to wait on tht: national banl<K of the State. 

NU.MliKlt X.XXVII. — Joiiit resolution to meet in convention to elect an entry-taker for the Oeoee district. 

Nu.MHKK XX.XVllI. — Joint resolution appointing commissioners to settle with the Louisville and Nashville 
railroad. 

NUMUKU XXXIX. — Joint resolution applying to the President for troops. 

NuMiiKU XL. — A joint resolution ai)i)ointing a committee- to memorialize Congress. 

Xu.^inilR \\A. — Uesolution of inijuiry in relation to tlii' Hermitage Jiroperty. 

NUMliKlt XMI. — .loint resolution raising a joint committee on the elective franchise. 

NU.MliKlt XUII. — .Joint resolution reciui sting the governor to lay liefore the legislature certain correspondence. 

Nu.MllEll XLIV. — .\ joint resolution declaring certain civil olfices vacant, and providing for tilling the same. 

Nu.MUEK XL\'. — Joint resolutiou to raise a joint committee to examine into the condition of the Bank of Ten- 
nessee and branches. 

NUMnF.u XI, VI. — Joint resolntion to authorize the secretary of state to take charge of the senate chamber and 
the hall of the house of representatives. 

XUMUKR XI, VI I. — Ji>int resoluton to meet in convention to elect a keeper of the penitentiary. 

XuMliKii XI, VIII. — Joint ri'solution of thanks to Major General Stonemau. 

Nl'MISKU XI,I.\. — .Joint resolution reipiesting inforunition from the bondholders of Tennessee bonds. 

Xu.MUKIl Ij. — .loint resolutii>n directory to the attorney general of the state. 

NUMliKU LI. — Joint resolution taking diarge of the assets of the IJank of Tennessee. 

XL'.MHER LII. — A joint resolution providing lor the number of acts anrl journals of the legislature of 18C.) to be 
printed for distribution. 

XUMUKR LIII. — A joint resolution in relation to a certain class of Tennessee Union soldiers who lost their 
lives in the army of the Union during the rebellion. 

XUMUKU LIV. — .Joint resolution directory to the trustees of Tennessee Hospital' for the Insane. 

NU.MBKU LV. — Joint resolution ai)i)oinling a committee to wait on the major general commanding the depart- 
ment and make inquiries in relation to certain assessments. 

Number LVI. — A joint resolution appointing a committee to settle with Hon. Joseph S. Fowler, late comp- 
troller and acting treasurer of the State. 

Nu.MBKK LVII. — Joint resolution directory to the secretary of state. 

Nu.MBKii LVIII. — Joint resi'lution recpiesting the governor to employ an attorney-at-law, 

NUMliKR LI.X. — .Joint resolutiou directory to the comptroller. 

NUMBKU l,X. — Joint resolution direelory to the keeper of the penitentiary. 

Nu.MBKii LXI. — Joint resolution postponing the business before the general assembly. 

NU-MUEK LXII. — Joint resolution to have published in certain newspapers "An act to limit the elective 
franchise." 

NU.MBEIS LXIII. — Joint resolution of thanks to Brevet Brigadier General J. L. Donaldson, chief quartermaster 
department of the Cumberland, and Cajitaiu Hunter Brooke, provost marshal. 

Nu.MBEK LXIV. — Joint resolutiou congratulatory at the appointment of Major General Thomas to this military 
division. 



I N T K O D U C T O E Y D O C i: il E N T S . 

Tho following papers embrace the commif^sion of Hon. Andrew Johnson as 
military governor of Tennessee, from the War Department at Washington; 
his instrnctions from President Lincoln, in accordance with the 4th section of 
the 4lh article of the federal Constitution ; the call of the Executive Union 
Committee of the State for a State convention, to meet December 19, 1864, at 
the State capitol; and the call of the same committee for a postponed meeting 
of the same convention, to meet January 8, 186-5, said postponement being ren- 
dered necessary in consequence of the siege of Xashville by the rebel array ; 
the alterations and amendments to the State constitution, proposed to the ])eople 
of Tennessee by that convention, with the accompanying resolutions of that 
body ; the proclamation of Governor Johnson authorizing the opening of the 
polls throughout the State for the ratilication or rejection of said amendments 
and alterations to the constitution; and the final proclamation of Governor 
Johnson, declaring said amendments aiul alterations to be legally adopted as a 
part of the constitution by formal ratification of the loyal voters of the .State 



ADMISSION OF TENNESSEE. 



APPOINTMENT OF ANDREW JOHNSON AS MIMTARY GOVERNOR OF TENNESSEE 

BY THE PRESIDENT. 

War Department, March 3, 1862. 
To the Hon. Andrew Johnson : 

Sir : You are hereby appointed military governor of the State of Tennessee, 
with authority to exercise and perform, within the limits of that State, all and 
singular the powers, duties, and functions pertaining to the office of military 
governor, including the power to establish all necessary offices, tribunals, &;c. 

EDWIN M. STANTON, 

Secretary of War. 

Executive Mansion, 
Washington, D. C, September 19, 1863. 
You are hereby authorized to exercise such powers as may be necessary and 
proper to enable the loyal people of Tennessee to present such a republican 
form of State government as will entitle the State to the guarantee of the United 
States therefor, and to be protected under such State government by the United 
States against invasion and domestic violence. All according to the 4th section 
of the 4th article of the Constitution of the United States. 

ABRAHAM LINCOLN. 
Hon. Andrew Johnson, 

MilUary Gover7ior of Tennessee. 



The following call was published by a committee of Union men in Middle 
Tennessee. Similar calls were published by Union committees in East and 
West Tennessee : 

To the Union men of Middle Tennessee : 

The executive committee of Middle Tennessee take this opportunity of 
requesting the Union men of the middle division of the State to appoint delegates 
to the convention at Nashville on the 19th of December. The people of East 
and West Tennessee will be here; it is our duty to meet them. The people 
meet to take such steps as wisdom may direct to restore the State of Tennessee 
to its once honored status in the great national Union. 

The dignity of men descended from a race of freemen and heroes, the 
maintenance of your rights and the interests of your children, all call upon you to 
act as brave and true men. Come forth in your strength to assert your rights 
and to oi'ganize the loyal sentiment of Tennessee. 

If you cannot meet in your counties, come upon your own personal respon- 
sibility. It is the assembling of Union men for the restoration of their own 
Commonwealth to life and a career of success. 

LEWIS TILLMAN, 
WM. S PENCE, 
M. M. BRIEN, 
A. V. S. LINDSLEY, 
JOS. S. FOWLER, 
Executive Committee Middle Tennessee. 

The presence of the rebel army around Nashville prevented the convention 
from assembling, and the following call was made accordingly : 



6 ADMISSION OF TENNESSEE. 

Nashville, December 19, 1864. 
To the Union men of Tennessee • 

The cxocutive committee of ]\[idclle Tennessee have selected the 8th of Jan 
nary, 1805, for the meeting of the State convention at Nashville 

As tlie anniversary of the battle of New Orleans, the 8t.h day of Jannary, 
occurs on Sunday, the convention will not assemble until the 9th. 

The committees in East and AVest Tennessee are requested to make a simi- 
lar announcement in their resijective districts, 

M. M. BRTEN, 
WM. SPENCE, 
LEWIS TILLMAN, 
A. Y. S. LIN DS LEY, 
JOS. S. EOWLER, 
Executive Committee Middle Tennessee. 
December 5, 1864. •-. 



The convention met and proposed the following alterations and amendments 
to the State constitution : 

PROPOSED ALTERATIONS AND AMENDMENTS TO -THE CONSTITUTION. 

Whereas the first article and the first section of the declaration of rights in 
the constitution of the State of Tennessee declares " that all power is inherent 
in the people, and all free governments are founded on their authority, and 
instituted for their peace, safety, and happiness ; and for the advancement of 
these ends they have at all times an inalienable and indefeasible right to alter, 
reform, or abolish the government in such manner as they may think projx'r," 
we, the people of the State of Tennessee and of the United States of America 
in convention assembled, do propound the following alterations and amendments 
to the constitution, which, Avheu ratified by the sovereign loyal people, shall be 
and constitute a part of the permanent constitution of the State of Tennessee. 

ARTICLE I. 

Section 1. That slavery and involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly convicted, are hereby forever 
abolished and prohibited throughout the State. 

Sec. 2 The legislature shall make no law recognizing the right of property in 
man. 

SCHEDULE. 

Section 1. Section .31 of the second article of the constitution, which is as 
follows, " Tiie general assembly shall have no power to pass laws for the eman- 
cipation of slaves, without the consent of their oAvner or owners," is hereby 
abrogated. 

Sec. 2. "The declaration of independence and ordinance dissolving the 
federal relations between the State of Tennessee and the United Stales of 
America," jjassed and j)romulgated by the legislature of Tennessee on the 6th 
day of May, 1861, by which the State was declared separated from the federal 
Union, and all laws and ordinances by which Tennessee became a member of the 
federal Union, annulled and abrogated, was in like manner an act of treason 
and usurpation, unconstitutional, null and void. 

Sec. 3. The convention, agreement, and military leagiie entered into by the 
commissioners of the State of Tennessee and the commissioners of the so-called 



ADMISSION OF TENNESSEE. 7 

Confederate States of America, made May 7, 1861, and on tlie same day ratified 
and confirmed by the legislature, was an act of treason and usurpation, uncon- 
stitutional, null and void. 

Sec. 4. No statute of limitations shall be held to operate from and after the 
6th day of May, 1861, until such time hereafter as the legislature may prescribe, 
nor shall any writ of error be refused or abated in any cause or suit decided 
since the 6lh day of May, 1861, and prior to this time, by reason of any lapse 
of time. And in all actions for torts brought, or which may hereafter be brought 
in the courts in this State by attachment levied upon the property of the de- 
fendant, the court shall have power to proceed to judgment and collection of the 
same, as upon contracts, without personal service of process upon the defendant, 
until the legislature may see fit to change the law in such cases. 

Sec. 5. All laws, ordinances, and resolutions, as well as all acts done in pur- 
suance thereof, under the authority of the usurped State government after the 
declared independence of the State of Tennessee, on or after the 6th day of 
May, 1861, -were unconstitutional, null and void from the beginning: Provided, 
That this section shall not be construed as to affect any judicial decisions made 
by the State courts held at times differing from those provided by law prior to 
May 6, 1861 ; said judicial decisions being' made pursuant to the laws of the 
State of Tennessee enacted previous to said date, and between parties present 
in court and litigating their rights. 

Sec. 6. All laws, ordinances, and resolutions of the usurped State government, 
passed on or after the 6th day of May, 1S61, providing for the issuance of State 
bonds, also all notes of the Bank of Tennessee, or any of its branches, issued 
on or after the 6th day of May, 1861, and all debts created or contracted in the 
name of the State by said authority, are unconstitutional, null and void; and no 
legislature shall hereafter have power to pass any act authorizing the payment 
of said bonds or debts, or providing for the redemption of said notes. 

Sec. 7. All civil and military otiicers which have been or may hereafter be 
appointed by the acting governor of the State, are hereby ratified and alfirmed, 
and they shall continue to hold and exercise the functions of their respective 
ofiices until their successors shall be elected or appointed, and qualified as pre- 
scribed by the laws and Constitution of the State and United States. 

Sec. 8. That the proposed amendments to the Constitution, and the schedule 
thereto, be submitted to the people at the ballot-box, on the 22d day of Febru- 
ary next, and that upon the adoption thereof, by the people, an election shall bd 
held on the 4th day of March next, for governor and members of the legislature, 
the latter to be voted for by general ticket, upon the basis prescribed in the act 
apportioning representation in the State, passed on the 19th day of February, 
1852, to assemble at the capilol on the 1st Monday in April next, said officers 
to continue in office imtil their successors shall be elected and qualified, under 
the regular biennial election of 1867. 

P/ovided, That said apportionment be so modified as to give to the counties 
of Johnson, Carter, Campbell, Anderson, Union, Sevier, jNIacon, and Hancock, 
each one member, and the district composed of the counties of Fentress, Mor- 
gan, Scott, and Cumberland, one additional member in the House of Represen- 
tatives. 

Sec. 9. The qualifications of voters and the limitation of the elective fran- 
chise may be determined by the general assembly, which shall first assemble 
under the amended Constitution. 

RESOLUTIONS. 

Resolved, That at the election in February those in favor of the foregoing 
amendments and schedule shall deposit a ballot on which shall be written 
"Ratification," and those who are opposed shall deposit a ballot on which shall 
be written "Rejection." 



8 ADMISSION OF TENNESSEE. 

Resolved, Tliat when the above amendments of the constitution of the State 
of Tennessee shall be snbmitlod to the people of the State for their ratification 
or rejection, and at the first election held nnder said constitution as amended, if 
ratified by the peo])le, no person shall be permitted to vote unless he first take 
the following o th at the polls; and the name of each voter shall be Avritteu 
upon the back of his ticket, and it shall be the duty of the judges and clerks of 
said election to preserve said tickets and iile them with the clerks of the county 
courts of their respective counties for future reference. Provided, That this 
oath shall not be recjuired of the citizens who are Avell knoAvn to the judges of 
the election to have been unconditional L'nion men. Frorided, also, That voters 
otherwise qualified may vote within any county of the State, and if in the mili- 
tary service, wherever they may be on the day of election ; and that the com- 
manding officer of each regiment, battalion, detachment, battery, or hospital, is 
empowered to hold such elections. 

Oath. — 1 solemnly swear that I will henceforth support the Constitution of 
the United States, and defend it against the assaults of all its enemies; that I 
am an active friend of the government of the United States, and the enemy of 
the so-called Confederate States; that I ardently desire the suppression of the 
])resent rebellion against the government of the United States; that I sincerely 
rejoice in the triunndi of the armies and navies of the United States, and in the 
defeat and overthrov/ of the armies, navies, and of all armed combinations in 
the so-called Confederate States; that I will cordially oppose all armistices or 
negotiations for peace with rebels in arms, until the Constitution of the United 
States, and all laws and proclamations made in pursuance thereof shall be estab- 
lished over all the people of every State and Territory embraced Avithin the 
national Union; and that I will heartily aid and assist the loyal people in what- 
ever measures may be adopted for the attainment of those ends ; and further, 
that 1 take this oath freely and voluntarily and without mental reservation. So 
help me God. 

Resolved, That the returns of this election shall be made to the secretary of 
State, and the result be declared by the proclamation of the acting governor. 

Resolved, That the convention do nominate and offer to the people a candi 
date for governor, and that the delegates from the several senatorial and repre- 
sentative districts be requested to nominate and present to the convention 
candidates for their respective districts, to be placed upon the general legislative 
ticket : Provided, If the Union people of any district shall desire to make another 
selection, that they have opportunity to do so. 

llesolved. That it shall be the duty of the executive committee to fill all 
vacancies that may occur in the list of candidates and officers for holding elec- 
tions solicited by the convention. 

Resolved; That the names of such as may be selected shall be forwarded to 
the chairman at Nashville, on or before the 10th day of February next, when 
the chairman shall publish the conq^lete list in the piipers of the State. 



goverxor's proclamation. 

Whereas, at a large and respectable convention of the free and loyal people 
of the State of Tennessee, begun and held in the city of Nashville, on the 9th 
day of January, 1SG5, certain articles amendatory of the constitution of the 
State and the schedule thereto appended, were, with great unanimity, adopted 
and propounded to the people for ratification or rejection on the 22d of Febru- 
ary, 1SG5 ; and whereas, the schedule provides that in the event of the ratifica- 
tion of said ])roposed constitutional amendments, the loyal ])eo})le of the State 
shall, on the 4th of March next thereafter, ])roceed by " general ticket," to elect a 
governor and members to the general assembly, to meet in the capitol in Nash. 



ADMISSION OF TENNESSEE. i) 

ville, for the transaction of public business, on tlie first Monday of April, 1S65 
and whereas, the convention aforesaid, acting in the primary and sovereign 
capacity of the people, prescribed certain rules and regulations under which the 
elections should be conducted, and designated, in many of the counties, certain 
persons to open and hold the same, and in others omitted to name any one, 
which, to avoid confusion, I have, as far as practicable, caused to be supplied; 
and in addition thereto, and for the purpose of more effectually carrying out the 
objects of the convention and enabling the sovereign loyal people of the State 
to express their judgment freely and fully on the grave question submitted to 
their decision : 

Therefore, I, Andrew Johnson, military governor of the State of Tennessee, 
by virtue of the power and authority in me vested, do hereby declare that the 
several persons in the proceedings of the convention named and appointed to 
open and hold the elections therein provided for, are hereby empowered and 
diiected to open and hold said elections in person in their respective counties, 
M'herever practicable, and to appoint and qualify, if necessary, such judges and 
inspectors of elections and other officers, as may be necessary to open the polls 
and conduct the elections in such other parts of their respective counties as the 
convenience of the people may require, and to make returns to the secretary of 
the State, as provided by the third resolution of the convention, as nearly as 
practicable in conformity to the act of assembly, in such cases made and provided. 

And I do hereby further declare, and fully authorize and direct the executive 
committee appointed in each grand division of the State, and referred to in the 
fourth and fifth resolutions of the proceedings of said convention, to supply, 
Avhenever practicable, the places of all such persons as, for any cause, may 
become vacant in the list of persons hereinbefore qualified to hold said elections ; 
and in such cases, when it is not convenient or practicable for vacancies to be 
filled as above provided, any loyal citizen of the county is hereby authorized 
and empowered to open and hold said elections, and make return thereof, which 
shall be as valid as if done by any of the persons hereinbefore mentioned. 

I do furthermore authorize and empower the commanding officer of each 
regiment, battalion, detachment, battery, or hospital of Tennessee troops, 
wherever they may be on tlie day of said elections, to open and hold elections 
for their respective commands or hospitals, and make due return thereof, under 
the same rules and regulations above prescribed. 

Here I might well close this proclamation, but I will be pardoned for adding 
that the action of the convention is wisely submitted to the loyal people — the 
true source of all political power — for approval ; and I feel assured, as they 
appreciate the restoration of good government, and the protection of their lives 
and property, they will not hesitate to come forward, as one man, and with one 
voice ratify and confirm the action of the convention. We have been, in Ten- 
nessee, torn asunder by civil war, and all our public and private interests broken 
down, and the folly of the rebellion has surely been sufHciently demonstrated to 
admonish all classes that they can no longer live in hostility to the national 
government, and ought no longer to remain without civil authority in the State. 
Strike down at one blow, the institution of slavery — remove the disturbing 
element from your midst, and by united action restore the State to its ancient 
moorings again, and you may confidently expect the speedy return of peace, 
happiness and prosperity. 

In testimony whereof, I, Andrew Johnson, military governor of Tennessee, 
do hereunto set my hand, and cause the great seal of the State to be affixed at the 
executive office, in the city of Nashville, on this the 26th day of January, 1865. 

[seal] ANDREW JOHNSON. 



10 ADMISSION OF TENNESSEE. 



OFFICIAL DECLAKA'IION OF THE RATIFICATION OF TIIK AMEXDMENTS TO THE 
COXSTITUTION OOVEU.XOU's I'KOCLA.M \TIOX. 

Wlioro:i3, the convention that recently assembled in the city of Nashville 
proposed certain alterations and amendments to the constitntion of the ►State of 
Tennessee, and the schednle thereto appended, which, by the direction of the 
convention, were submitted to the people at the ballot-box on the 22d instant, 
and by them ratified and confirmed; and whereas the convention further pro- 
vided, that in the event of the adoption of "the amendments to the constitution, 
and the schedule thereto," an election for governor and members of the legisla- 
ture should be held on the 4th of !March next following, to assemble at the 
capitol in Nashville on the first Monday in April next thereafter; and whereas 
the returns of the election for the ratification or rejection of the proposed amend- 
ments of the constitution were, by the 3d resolution adopted by the convention, 
to be made to the secretary of Suite, and the result declared by proclamation of 
the acting governor; and Avhereas complete returns have not been yet made 
as provided by the foregoing resolution, but enough is already ascertained to 
place the result of the election beyond all doubt, and fully to justify the an- 
nouncement that the following articles amendatory of the constitution of the 
State and schedule thereto appended have been adopted by the people, viz : 

"Article I. 

"Section 1. Slavery and involuntary servitude, except as a punishment for 
crime, whereof the party shall have been duly convicted, are hereby forever 
abolished and prohibited throughout the State. 

"Sec. 2. The legislature shall make no law recognizing the right of property 
in man. 

"Schedule. 

"Sectiox 1. Section 31 of the second article of the constitution, which is as 
follows : ' The general assembly shall have no power to pass laws for the eman- 
cipation of slaves, without the consent of their owner or owners,' is hereby 
abrogated. 

"Sec. 2. ' The declaration of independence and ordinance dissolving the fed- 
eral relations between the State of Tennessee and the United States of America,' 
passed aiul promulgated by the legislature of Tennessee on the 6th day of May, 
1861, by which the State was declared separated from the federal Union, and 
all laws and ordinances by wdiich Tennessee became a member of the federal 
Union annulled and abrogated, was in like manner an act of treason and usur- 
pation, unconstitutional, nvdl, and void. 

"Sec. 3. The convention, agreement, and military league, entered into by 
the commissioners of the State of Tennessee and the commissioner of the so- 
called Confederate States of America, made May 7, 1861, and on the same day 
ratified and confirmed by the legislature, was an act of treason and usurpation, 
unconstitutional, null, and void. 

" Sec. 4. No statute of limitations shall be held to operate from and after the 
Gtli day of May, 1861, until such time hereafter as the legislature may prescribe, 
nor shall any writ of error be refused or abate in any cause or suit dt>cided 
since the 6th day of May, 1861, and prior to this time, by reason of any lapse 
of time. And in all actions for torts brought, or which may hereafter be brought 
in the courts of this State by attachment levied upon the property of the de- 
fendant, the courts shall liaA'C power to proceed to judgment and collection of 
the same as n])0u contracts, without personal service of process upon the de- 
fendant, until the legislature may see fit to change the law in such cases. 

"Sec. 5. All laws, ordinances, and resolutions, as well as all acts done in 



ADMISSION OF TENNESSEE. 11 

pursuance thereof, under the authority of the usurped State government after 
the declared independence of the State of Tennessee, on or after the 6th day of 
May, 1861, were unconstitutional, null, and void, from the beginning : Provided, 
That this section shall not be construed as to affect any judicial decisions made 
by the State courts, held at times differing from those provided by law, prior to 
May 6, 1861; said judicial decisions being made pursuant to the laws of the 
State of Tennessee enacted previous to said date, and between parties present 
in court and litigating tlicnr rights. 

" Sec. 6. All laws, ordinances, and resolutions of the usurped State govern- 
ment, passed on or after the 6th day of ]May, 1861, providing for the issuance 
of State bonds ; also all notes of the Bank of Tennessee, or any of its branches, 
issued on or after the 6th day of May, 1861, and all debts created or contracted 
in the name of the State by said authority, are unconstitutional, null, and void; 
aud no legislature shall hereafter have power to pass any act authorizing the 
payment of said bonds or debts, or providing for the redemption of said notes. 

"Sec. 7. All civil aud military officers who have been or may hereafter be 
appointed by the acting governor of the State, are hereby ratified and affirmed, 
and they shall contimie to hold and exercise the functions of their respective 
offices until their successors shall be elected or appointed and qualified as pre- 
scribed by the laws and constitution of the State and United States. 

" Sec. S. The proposed amendments to the constitution, and the schedule 
thereto, shall be submitted to the people at the ballot-box on the 22d day of 
February 'next, and upon the adoption thereof by the people an election shall 
be held on the 4th day of March next for governor and members of the legisla- 
ture, the latter to be voted for by general ticket, upon the basis prescribed in 
the act apportioning representation in the State, passed on the 19th day of 
February, 1852, to assemble at the capitol on the first Monday in April next, 
said officers to continue in office until their successors shall be elected and quali- 
fied under the regular biennial election of 1867: Provided, That said appor- 
tionment be so modified as to give to the counties of Johnson, Carter, Campbell, 
Anderson, Union, Sevier, jMacon, and Hancock each one member, and the dis- 
trict composed of the counties of Fentress, Morgan, Scott, aud Cumberland one 
additional member in the house of representatives. 

" Sec. 9. The qualification of voters and the limitation of the elective fran- 
chise may be determined by the general assembly which shall first assemble 
imder the amended constitution." 

And whereas the time at which it is provided the election for governor and 
members of the general assembly shall be held is so near at hand that I deemed 
it proper, in advance of full returns, to declare the result of the election adopting 
the constitutional amendments : 

Therefore, I, Andrew Johnson, military and acting governor of the State of 
Tennessee, by virtue of the power and authority in me vested, do hereby de- 
clare that the foregoing alterations and amendments to the constitution of the 
State of Tennessee, aud the schedule thereto annexed, have been ratified and 
confirmed by the vote of the people of the State, and that said articles now con- 
stitute a part of the permanent constitution and supreme law of the State of 
Tennessee, and as such are hereafter to be so held aud regarded by the people 
thereof. 

Aud I do hereby further declare and fully authorize and direct the several 
persons in the proceedings of the late convention named and appointed to open 
and hold the election for the ratification or rejection of the amendments to the 
constitution, to open and hold an election for governor and members to the gen- 
eral assembly, as in the schedule prescribed, on the 4th of March next; aud 
they are hereby empowered and directed to open aud hold said election, iu per- 
son, in their respective counties, wherever practicable, and to appoint and 
qualify, if necessary, such judges and inspectors of election, and other officers, 



12 ADMISSION OF TENNESSEE. 

as may be iieccppary to ojicn the polls and conduct the election in such other 
l>arts of their respective counties as the convenience of the people may require; 
and to make returns to the secretary of state as provided by the third resolu- 
tion of the convention, as nearly as practicable in conformity to the act of as- 
sembly in such cases made and provided. 

And I do hereby farther declare, and fully authorize and direct the executive 
committee, appointed in each grand division of the State, and referred to in the 
fifth residution of the ])roceedings of said convention, to supply, whenever prac- 
ticable, the places of all such persons as may for any cause become vacant iu 
the list of persons hereinbefore declared (|ualilied to hold said election ; and in 
such cases, when it is not convenient or practicable for vacancies to be filled as 
above provided, any loyal citizen of the county is hereby authorized and em- 
powered to open and hold said election, and make returns thereof, which shall 
be as valid as if done by any of the persons hereinbefore mentioned. 

1 do further authorize and empower the commanding officer of each regiment, 
battalion, detachment, battery, or hospital of Tennessee troops, wherever they 
may be on the day of election, to open and hold an election for their res/>f?ctive 
commands or hospitals, and make due return thereof under the same rule and 
regulations above jjrescribed. 

In closing this ])roelamation, I sincerely congratulate the people of Tennessee 
on the happy result of the election, and the opening prospects of a speedy and 
permanent reorganization of the State government. For nearly three years, in 
the midst of dangers and difficulties the most complicated and perplexing, I 
have labored to restore the State to its former proud position in the Union. 
My constant effort has been to save it — not to destroy it; but the rebellious 
sentiments of the people often interposed obstacles which had to be overcome by 
military power. The task was painful, but the duty has been performed, and 
the result has passed into history. Time, I am happy to say, has greatly calmed 
the passions of the people, and experience restored them to reason. The folly 
of destroying their government, and sacrificing their sons to gratify the mad 
ambition of political leaders, needs no longer to be told to the laboring masses. 
The wasted estates, ruined and dila])idated farms, vacant seats around the 
hearthstone, prostrate business, insecurity of property, and even life itself, every- 
where proclaim it in language not to be misunderstood. 

But all is not lost. A new era dawns upon the people of Tennessee. They 
enter upon a career guided by reason, law, order, and reverence. Tlie reign of 
brute force and personal violence has passed away forever. By their own 
solemn act, at the ballot-box, the shackles have been formally stricken from the 
limbs of more than 275,000 slaves in the State. The unjust distinctions in so- 
ciety, fostered by an arrogant aristocracy, based upon human bondage, have 
"been overthrown, and our whole social system reconstructed on the basis of 
honest industry and personal worth. Labor shall now receive its merited re- 
ward, and honesty, energy, and enterprise their just appreciation. Capital here- 
tofore timid and distrustful of success may ni>\v confidently seek remunerative 
and permanent investments iu the State. Public sciiools and colleges begin 
anew their work of instruction, upon a broader and more enduring basis. The 
foundations of society, under the change in the constitution, are in harmony 
with the principles of free government and the national Union ; and if the 
people are true to themselves — true to the State — and loyal to the federal 
government, they will rapidly overcome the calamities of the war, and raise the 
State to a power and grandeur not heretofore even anticipated. Many of its 
vast resources lie undiscovered, and it recjuires intelligent enterprise and free 
labor alone to develop them, and clothe the State with a richness and beauty 
surpassed by none of her sisters. 



ADMISSION OF TENNESSEE. 13 

In testimony wliereof, I, Andrew Johnson, militcaiy and acting governor of 
Tennessee, do hereunto set my hand and cause the great seal of the State to be 
affixed, at the executive office, in Nashville, on this 25th day of February, A. D. 
1865. 

[seal.] ANDREW JOHNSON. 



governor's message. 

Executive Department, 

Nashville, Ajtril 6, 1865. 

Gentlejncn of tlic Senate and House of Representatives : 

In accordance with long established custom, and in obedience to the require- 
ments of the constitution, it becomes my duty to communicate to the legislature 
the condition of the State, and to recommend for their considei'ation such matters 
as I may deem expedient. 

When we contemplate the distracted condition of the country, the four dread- 
ful years of trial through which we have passed, and the manner in which it 
has been preserved, our minds naturally turn to Him whose care has been over 
us, who has protected and preserved us through scenes of blood and carnage 
unprecedented in the history of wars. For the preservation of our lives and 
certain remnants of our property ; for the care and protection of Providence 
over those who have gone forth to battle, and are still risking their lives in de- 
fence of the principles upon which our happiness and property rest ; for life, 
health, food and raiment ; for our safe conduct through untold changes, by a 
kind Providence ; for the prospect of the restoration of law and order in our 
distracted State ; for the gleam of light, looking to peace, now breaking through 
the clouds that have enveloped us for the four years past ; for these and numer- 
ous other blessings of which we have been the recipients, let us, in all humility 
and sincerity, render thanks to Almighty God, and let us earnestly implore a 
continuance of his favor. 

Secession is an abomination that I cannot too stronglv condemn, and one that 
you cannot legislate against with too much severity. What has it done for our 
country iu the space of four years'? It has plunged our country into civil war, 
paralyzed our commerce, destroyed our agricultural pursuits, suspended the 
whole trade and business of our country, lessened the value of our property, 
destroyed many of the pursuits of life, and has involved the South in irretriev- 
able bankruptcy and ruin. 

What has it done for Tennessee ? It has formed odious and unconstitutional 
military leagues, passed military bills, and inaugurated a system of oppressive 
taxation, without consulting the people, and then, in mockery of a free election, 
has required them by their votes to sanction its usurpation, at the point of the 
bayonet, under the penalty of imprisonment and death. It has offered a pre- 
mium for crime, in ordering the discharge of culprits from prison, on condi- 
tion that they woukl enter the rebel army, and iu recommending the judges to 
hold no courts for the trial of offenders. It has stained our statute book with 
the repudiation of honest northern debts, and has palpably violated the Con- 
stitution, by attempting, through its unlawful extensions, to do away Avith the 
right of suffrage. It has passed laws making it treason to say or do anything 
in favor of the government of the United States, or against the so-called Con- 
federate States. It has prostrated and overthrown tlie freedom of speech and 
of the press ; it has involved the whole South in a war whose success is now 
proven to be utterly hopeless, and which, ere another year roll round, must lead 
to the ruin of the common people. Its bigoted, murderous, and intolerant spirit 



14 ADMISSION OF TENNESSEE. 

lias subjected the people of Tennessee to many grievances. Our people have 
been arrested and imprisoned ; our houses have been rudely entered and shame- 
fully pillaf3;ed ; our families have been su])jccted to insults ; our women and 
children have been tied up and scourged, or shot by a rutlian soldiery ; our 
towns have been pillaged ; our citizens have been robbed of their horses, mules, 
grain, and meat, and many of them assassinated and nuirdered. 

Hundreds, yes, thousands of our young men, middle-aged and old men, have 
been driven from our State, and compelled to enter the federal army, in strange 
regiments, and their bones now lie bleaching upon the many battle-fields of tlie 
south and west, and all this because our people were true to the traditions of 
their fathers, and refused to worship rebel gods. And to the honor of the peo- 
ple be it known, that more regiments to-day SM-ell the number of the armies of 
the Union than there are living traitors in the ranks of the enemy. 

In this once proud capital of the " Volunteer State," there have been thou- 
sands of Union refugees, men, women, and children, broken-hearted, naked and 
starving ; a great many are here still. They have fled from the wicked and 
murderous guerillas, after being robbed of everything they possessed. They 
have lived in camps or tents, by fires in the open woods, have dragged out a 
miserable existence for a time, and died among strangers. Hundreds have suf- 
fered from actual want of necessary food, shelter, and clothing, while many res- 
idences in this rehi'llious city have been occupied by the families of those who 
were fighting against their country, or, being citizen rehcls, and home traitors, 
have lied within the rebel lines. These families have remained liere protected, 
and have wielded an over-ruling social influence. Many of them are wealthy, 
and live in ease and comfort. They have busied themselves in giving informa- 
tion to the enemy, in carrying delicacies to rebel prisouca'S who have been con- 
fined here for their crinu.'s and treason. And it is stated u[)on undoubted au- 
thority, and the fact is notorious in this capital, that the disloyal families never 
contributed hi the slightest degree to the relief of the poor and distressed women 
and children, or disabled soldiers thrown upon this population by the operations 
of the war. 1 state these facts, which may have the appearance of a personal 
and local character, that you may know how to shape your course when per- 
sonal and local legislation is called for. 

I have the honor to submit to the general assembly of the State of Tennesee 
a copy of a joint resolution of Congress, passed by a vote of two-thirds of each 
liouse, entitled "A resolution submitting to the legislatures of the several States 
a proposition to amend the Constitution of the United States," which is in ihe 
following words : 

'■'Resolved by the Senate and Hovse of Representatives of the United States 
%n Congress asseinhhd, (tiro-thirds of both liouses concurring therein,) That the 
following article be proposed to the legislatures of the several States as an 
amendment to the Constitution of the United States, which, when ratified by the 
legislatures of three-fourths of said States, shall be valid to all intents and pur- 
poses as a part of said Couatitution, namely : 

"Article XIII. 

" Section' I. Neither slavery nor involuntary servitude, except as a punish- 
ment for crime, whereof the party shall have been duly convicted, shall exist 
within the United States, or any place subject to their jurisdiction. 

" Skc'IIon 2. Congress shall have power to enforce this article by appro- 
priate legislation. 

"Approved, February 1, 1SG3." 

The slavery question here comes up in a form hitherto not discussed in our 
politics. It is not a question as to the right of Congress to exclude slavery 
irom the Territories, to legislate upon the mitler themselves, nor does it involve 



ADMISSION OF TENNESSEE. 15 

thedscussion of any doubtful powers, but i.s tlie simple proposition to amend the 
Constitution of the United States in the manner prescribed by that sacred instru- 
ment, so as to strike down the monster institution Avhicli has embroiled the 
government for half a century, and culminated in the most wicked, uncalled for 
and bloody war known to the history of the civilized world. 

Slavery, secured to the people of the south more permanently by the Consti- 
tution of the United States, and the laws enacted in pursuance thereof, than 
any species of property claimed by them — not even .excepting their lands — will 
now perish by the war it brought about to enlarge its power and perpetuate 
its existence. Let us do our part in this great work by ratifying the action of 
Congress, and carrying out the wishes of our people. After the ratification by 
the people of our State of our amended State constitution, embracing the same 
proposition, and after your election to the general assembly on this platform, and 
by the same people, I have not considered an elaborate argument in favor of the 
pi-oposition submitted by Congress at all necessary. I may be allowed to say, 
however, that to prohibit slavery in a State requires a change in the State con- 
stitution. Pregnant as we find slavery to be of all sorts of politicial mischief, it 
is not to be got rid of, under the constitution, in any other than a constitutional 
manner. And, while the sooner this can be done the better, it does not appear 
in what part of the Constitution of the United States the power of regulating it 
at all, in times of peace, is to be found. Fortunately for the futui'e happiness 
of the country, the Constitution has provided a way in which the people can 
remedy the evil, without any questionable exercise of power, and that is by 
amending the Constitution, just as Congress has proposed. 

Slavery was so far made the subject of constitutional cognizance, by the 
people of the United States, when they adop'ed the articles of confederation, 
that it found a place in the compromises of that instrument, both in fixing the 
ratio of repi'eseutation and the apportionment of direct taxes ; and also in requir- 
ing the people of a free State to surrender so much of this "sovereignty" as not 
to have the right to protect the slave that sought refuge from bondage — it would 
seem too late in the day to question the right of the people to adopt amendments 
to that instrument, in regard to this or other subjects embraced in its provisions. 
It becomes us, therefore, to approach this subject with an enlightened statesman- 
ship, and with a decree of moral courage that is not afraid to do right, appealing 
to the ultimate judgment of mankind to vindicate our action. 

It is in this way, and in no other, that a uniform rule can be provided, and 
an end pu.t thereby, in all time to come, to a possibility of reviving that which 
has been the fatal cause of all the mischief iu the countiy. To insist upon 
excluding slavery from a State by amending her constitution, before recognizing 
her again as within the pale of the Union, would look awkward, and fall below 
the dignity of political sagacity. Our State has shown her hand, and placed 
herself square upon the record ; and I flatter myself that her representatives 
here assembled are ready for a measure which shall forever exclude slavery 
from the United States. 

Some legislation is necessary for the protection, government and control of 
the emancipated slaves among us. When this war is over a portion of those 
who fought to perpetuate slavery will show the emancipated slave no quarter, 
and especially that class of slaves who have been rude and violent toward their 
former owners. What the chai'acter of this legislation should be, I leave the 
good-sense, prudence and reflection of the members of the general assembly to 
determine. 

It is certainly proper and right for the legislature of Tennessee to determine 
to what extent this State shall be overrun with the emancipated slaves of other 
States. If their presence in any State is a blessing they should be distributed ; 
if an evil, it is but just that we should be taxed only with our own share of them. 
I am, myself, the advocate of providing for them a separate and appropriate 



16 ADMISSION OF TENNESSEE. 

amount of tenitoiy, and settle them down permanently, as a nation of freedmen. 
In this case, as in most others, it will prohably be well to guard against excep- 
tive legislation. The negro has had no agency himself in bringing on our 
troubles, and does not merit unkind treatment at our hands. 

The attention of the legislature is earnesfly called to the subject of the roving 
bands of guerillas, and squads of robbers and murderers who frequent those 
counties and ])ortions of counties remote from our military forces. The depre- 
dations and murders conunitted by them are of such frequent occurrence as to 
have created a general feeling of insecurity among our citizens, causing hun- 
dreds to sacrifice their projjcrty, and abandon tlieir homes and the graves of 
their parents and loved ones, set Icing new homes, among strangers in the north- 
Avestern States. 

The criminal laws of Tennessee prior to the rebellion were equal to the de- 
mands of justice and the wants of soci(!ty, but they are now inadequate in both 
the cases. The corruptions of the rebellion have exhibited themselves in every 
quarter, and the effects of the same have been to demoralize all classes of society, 
more or less, calling for more stringent enactments, so as to meet the numerous 
cases arising in our country. I advise that horse stealing, house breaking, and 
highway robberies be ])unislied with death. Let the proof in all such cases be 
clear and un([Ucstionable, and then let the offenders be hung, even for the first 
offence. 'J'his character of a law will close out all these acts of perfidy which 
now render life and property insecure, more or less in all counties of the ^tate; 
and, when the necessary rciform is had, a future legislature can repeal or amend 
the statute. Such a law may look to others. like a bloody act, but it can never 
aff'ect injuriously an honest man or a law-abiding citizen. And you, gentlemen, 
should I'eel no concern for the opposite class of men but to punish and reform 
them. 

The attention of the legislature is especially directed to the militia laws of 
the State. The occurrences of the past four years have disclosed the fact that 
our militia laws, as they now are, are very imperfect, and need further amend- 
ments to make them effective. The State arms were carried into the rebellion, 
through the iidluence of the bad men in authority four years ago, and thi-ough- 
out the length and breadth of tlie State she has not arms enough to arm a cap- 
tain's company. This deficiency should be provided for at once. I have no 
doubt that the federal government, upon a fair presentation of the case, would 
come to our relief with a libcual hand. 

If, in the wisdom of the legislature, an efficient military force, over and above 
what is provided for in general terms, shoidd be placed at the disposal of the 
executive, 1 suggest an appropriation for military contingent expenses. In any 
rate, the legislature Avould do well to pass an act providing for a military contin- 
gent fund, of a moderate character, confiding it under the control of the execu- 
tive, and making it his duty to report to the legislature at each session. Should 
there be no use for the fund, the executive will, of course, make no drafts upon 
it, and it will be his pleasure to report that the money belonging to the military 
contingent fund remains in the State treasury unexpended. 

I am aware that a proposition to increase the salaries of public officers in the 
State will meet with opposition; that it is not a popular measure, and that dem- 
agogues will use such a vote upon the stunq) against members voting for an in- 
crease. Acting alone from a sense of duty, and desiring to see justice done to 
those patriotic men who are serving the State, I suggest an increase in the ])ay 
of all civil officers whose comj)ensat.ion is fixed by law. Supreme judges should 
be jtaid a salary of $;.3,000 ; chancellors and circHiit judges should be allowed 
83,000, and the treasurer, comj)troller, secretary of state, attorney general, and 
other officers should be allowed a corresponding increase in their salaries. And 
I respectfully, but frankly, suggest that the pay of members of the general as- 



ADMISSION OF TENNESSEE. 17 

sembly be increased, and the more so as sucli increase could not take effect 
during- your term of office. 

It is folly to think of a man in public office now supporting his family on the 
salary he received four and five years ago. Boarding, clothing, meats, vegeta- 
bles — in fact, everything has increased to twice former prices. And yet the wages 
of the public officers are down at the old prices. If any one of the incumbents 
named is worthy of his office he is worthy of a support from that office. His 
pay should be made equal to his necessary expenses. The State cannot reason- 
ably expect a man to devote his individual time and his whole energies and 
talents to an office, when the salary of such office will not defray the necessary 
expenses of his family. Gentlemen capable of filling such offices are capable 
of supporting themselves in other vocations, and it is obvious that they will be 
forced to turn their attention to other pursuits in order to gain a livelihood. 
The increase of such salaries will add something to our taxes, but the amount 
will be so small as scarcely to be felt by the people. I doubt not they will 
cheerfully contribute in this Avay to aid in sustaining good and competent men 
in important official positions. I recommend, therefore, that immediate action 
be taken in this matter. 

The financial condition of the State demands the early and prompt attention 
of this general assembly. The reports of the comptroller and treasurer are to 
October 1, 1861. From that time to the restoration of the capital to the national 
authority, February following, and the flight of the State authorities, the infor- 
mation left us is imperfect and insufficient. The subsequent operations will ap- 
pear from the current report of the comptroller, whose liigh character for integ- 
rity and truth commend him to your confidence. The balance in the treasury 
on the 1st of October, 1861, according to the treasurer's report, was $185,496 69 ; 
besides, warrants for payment remain in the treasury for 5^60,401 04. War- 
rants for payment out of the treasury had been issued but not presented for 
§145,417 12. How far the figures were modified by the operations of the 
next four months and a half, to the middle of February, 1862, I have no infor- 
ation. Except the military expenses, it is presumed that the balance was not 
changed, judging from the uniformity apparent in the fiscal operations of the 
preceding four years. Since that time Middle and West Tennessee have been 
generally within the federal lines, and East Tennessee since September 1, 1863. 
Governor Johnson has occupied the capitol, and exercised gubernatorial juris- 
diction over those portions of the State held by federal authority. Governor 
Harris, who adhered to the rebel cause, is very generally understood to have 
collected revenue in the counties within their military lines. The comptroller 
will be found to have given in his report the financial history of Governor John- 
son's administration. This report is respectfully submitted for your careful 
consideration, and the recommendations of that officer are approved by me. 
What moneys were collected by Governor Harris and his subordinates I am 
unable to stale, nor am I prepared to say that it is important for you to inquire. 
It will be a matter for your consideration whether the arrearage of taxes for the 
past four years shall be collected in whole or in part. The principal, if not the 
current, liabilities during that period are the interest on the State debt. The 
usual payments to common schools and academies, and to several charitable in- 
stitutions of the State, were not made. The consequences of the failure would 
not be atoned for by reaching them now. The same is substantially true of 
vai ious other items of ordinary expenditures. 

The State debt, as reported by the comptroller in October, 1861, is said to 
be $6,896,606 60, and this demands your attention. This includes $3,000,000 
of eight per cent, bonds for the "defence of the State," which has recently been 
discarded by the people at the ballot-box. This unauthorized and most unjust 
indebtedness repudiated, leaves the indebtedness of the State properly 
S3,896,606 06, at an annual interest of $212,388 25. The interest is presumed 
H. Mis. Doc. 55—2 



18 ADMISSION OF TENNESSEE. 

to have been paid on tlie 1st of January, ISGl. It is not known Low inncli lias 
since been paid, if any. The bonds will ehow, either by the indorsements or 
the absence of the coupons. Besides this debt the ^5tate has bonds for internal 
improvement purposes, and has indorsed the bonds of railroad companies to the 
amount of $10,211,000. For these the State is ultimately liable upon the 
failure of the companies. These bonds it is believed the State will have to 
provide for to preserve its credit, making an aggregate indebtedness of 
$20,005,000 GO, and the annual intercut S;1,185,04S 25. Of this debt proper 
$00,000 GO matured in ISGl, $01,250 in 1802, $177,750 in 1863, and $.".8,500 
in 1804 — in all, $300,100 GO, at once to be provided for. The comptroller 
states that the bonds maturing in 1801 Avere "taken possession of and held by 
the State, subject to adjustment at the end of the war." Besides these the 
State held bonds, mostly her own, as follows: the Spencer T. Hunt fund, G; 
the railroad sinking fund, 101; deposited by the free banks, 341; deposited 
by foreign insurance companies, 80 ; and in all, 588 bonds. These bonds, held 
in trust, were carried away, it is believed, with the valuables of the State 
treasury, by the State officers, who ingloriously fled on the approach of the 
national flag. Double payment can probably be avoided. Evidence must be 
in existence by which they can be identified. The notorious condition of our 
State affairs has been sufficient to put dealers upon their guard. So that if any 
of the bonds have been fraudulently sold, payment to the present holders may 
be justly stopped. Furthermoi-e, it will be well to consider how far it is your 
duty as agents of the State, not only not to pay the bonds held by those who 
have been actively engaged in the rebellion to overthrow the government, 
whether held by them or parties who may seek to conceal them for the benefit 
of the rebels, as they will likely do, I advise that you adopt measures to j)r(!vent 
their payment. The bonds can in no event comjx'usate for the loss the disloyal 
holders have occasioned the State. The justice of holding them responsible in 
this way it is believed cannot be successfully controverted. 

The arrearage of interest, amounting to nearly twenty-five per cent, of the 
principal, is more than the people can easily pay at sight, Avith the other 
burdens, public and private, thrown upon them by the war. It will be neces- 
sary, therefore, to anticipate the means, so as at the same time to preserve the 
State credit by satisfying the creditors and to preserve the people from op- 
pressive taxation. 

The recent amendment to the State constitution abolishing slavery will 
require some changes in the revenue laws. The item of slaves will no longer 
appear in the list of taxablcs. The census of 1800 shows there were in the 
State about 275,000. The assessors' returns show thai 130,425 were reported 
for taxation. Their average value had steadily increased from $413 72 in 
1846 to $886 40. It is a significant fact that the next year, the first of 
the war, the average fell to -$709 3G, taxes being at the low rate of seven cents 
upon the one hundred dollars, to which our State taxation was reduced in 1800, 
the slaves averaging a little the rise of sixty-two cents each, amounting to 
$80,000 in the aggregate. The slaves held no property. Being emancipated, 
they will now be subjected to a poll-tax. ]\Iany of them will soon acquire 
taxable property far beyond their personal value as slaves. 

As soon as this war ceases there is every reason to expect a large accession 
to our [iopulation. Thousands of sensible and practical men have been here, 
connected with the army, and have looked with astonishment and delight at 
our pioductive soil, charming climate, and great advantages of agricultme. 
They have seen that a farm hand in a northern State is ordinarily worth from 
thirty to fifty dollars a month — that is to say, he earns that much, or say $000 
per annum. In our State a good farm hand can make five bales of cotion of 
five hundred pounds each, which would make the profits of his labor worth 
$2,000 per annum, against $600 in a iioithern State — abetter and more certain 



ADMISSION OF TENNESSEE. 19 

business than going to California or any of tlie gold regions. Therefore it is 
the value of land with us will be proportionately increased. If the tax of 
seven cents on the one hundred dollars, to which our burdens had been reduced 
in 1860, shall be increased to a reasonable extent, it is believed sufficient revenue 
will be realized in the next three years, over and above the ordinary expendi- 
tures, to meet the arrears of interest on the debt, to pay the sum now due, and 
the further sum of $1,245,090, falling due in 1868. 

It is farther suggested that the list of taxable property might be increased 
without being oppressive. By the returns of 1860 it appears that all " other 
property" subject to taxation, besides land, amounted in value to but 
$24,362,151 — less than one-half the assessed value of the town lots. Before the 
war our financial resources were so ample, compared with the limited demands 
upon them, that it was necessary to tax but a few of the principle articles of 
property. Our affairs are now quite changed, and every interest should be 
made to bear its proper burdens. 

The common school system will, in this connexion, demand your attention. 
The fund appropriated for this purpose has been squandered by the bad men 
and dishonest functionaries who fled on the approach of the old flag. What 
shall be done to replace this great loss? At no period in the history of the 
State has the young and rising generation appealed so affectingly for legislative 
aid. Practically denied all scholastic advantages during the last four years, 
and deprived as thousands have been of their natural protectors, if they are 
not soon provided for, it will be too late for them. Indeed, not a few have 
already passed beyond the age to attend school, hopelessly illiterate. 

In this connexion your attention is called to an act of Congress providing 
for the establishment of an agricultural college. Most of the States are in 
advance of us in accepting the ofi'er, and perhaps we might profit by examining 
their legislation in regard to this subject. 

The currency and the banks are nearly allied to finances, and are in such a 
demoralized condition as to demand prompt action and most positive legislation. 
The State owes it to herself to look into the condition of the three old banks — 
the Bank of Tennessee, the Union and the Planters' banks — each having its 
parent bank in Nashville, with afiiliated branches extending over the State; also 
several stock banks and the free banks. With, perhaps, one or two exceptions, it 
is believed they are all hopelessly insolvent. All have, beyond doubt, violated 
their charters, and may properly be closed up. Nay, where they have value 
received for their notes and are M'orth it they should be made to redeem their 
issues. The policy formed by these banks, e^^en before the war, was to keep 
their paper at lower quotations than that of any of the surrounding States. 
Even at home it was at a discount, and in some of the neighboring States it was 
uucurrcnt. This imposed upon our commerce the payment of large sums of 
premiums upon all remittances beyond the State, which in the end came oft' the 
peojDle. Such a currency could only result from unsound financial principles; 
for the balance of trade with most of the surrounding States was decidedly in 
our favor. It is therefore recommended that all existing banks be wound up at 
once, and that no more State banks be chartered. The several hundred thou- 
sand in real estate owned by the State bank should be cashed without delay. 
The stock was owned by the State, and it held large deposits of currency and 
securities. A& the Union army advanced to the possession and occupation 
of the towns where the branches were located the officers fled with the assets 
beyond the limits of the State, and they are now doubtless irretrievably gone. 
In the outset of the rebellion this bank Avas used by the guilty conspirators, and 
large issues were made to further their schemes of treason. It has been deter- 
mined by the people that these issues shall not be paid. 

There are many notes outstanding of the bank issued after the date specified 
in your amended constitution, and intended alone for the benefit of the 



20 ADMISSION OF TENNESSEE. 

robc'llion. Sliall they be redeemed by a tax imposed upon the people? I 
know of no legal or moral obligation to redeem those notes, even if they occupied 
such an attitude that such an obligation could be enforced. It is known that 
when bank notes become nncurrent they are sold by tlu; small holders, who are 
not in a condition to hold such paper, and bought up by speculators, generally 
at their own figures. Jn this way they accumulate in the hands of a few, often 
at prices almost nominal. The notes of the Bank of Tennessee, it is believed, 
are held in this way and by this class of dealers. Having lost the principal of 
this banking capital, and having sold these issues in small quantities at a heavy 
discomit, shall our people be taxed to make these issues good in the hands of 
speculators'? I confess I can see no equity in it. Doubtless instances will 
occur of individual hardship, and others will be pressed upon your attention, 
not so much by the parties themselves as by others interested in the adoption df 
a general policy based upon these existing cases. There remain to the bank 
large assets, uncollected debts, and the present liabilities of the faithless 
officers. Suits are luiderstood to be pending against many of these officers of 
branches. The others should be held to their responsibilities. I content 
myself with these general suggestions, trusting in your wisdom, if you deem 
them practicable, to arrange the details. 

The national banking system is believed on many accounts to be preferable. 
This would give us a circulation current all over the country, and subject our 
banking to more correct principles of finance. Other States are adopting the 
national banking sytem, and 1 recommend the same to the legislature of Ten- 
nessee. Such an institution could be used profitably as the fiscal agent of the 
State, and if you can secure the means, one in each of the other grand divisions 
of the State would work to advantage. 

The qualification of voters, and other limitations of the elective franchise, 
have been intrusted to you by the people. This delicate responsibility will de- 
volve upon you a heavy task, and merits your whole attention. That there 
should be some additional limitations prescribed few will deny. Many persons 
in the State, by every act of which they were capable have disfranchised them- 
selves. Probably they neither expected or desired the privilege of again voting, 
and would not exercise it if granted them. Many others have committed acts 
deserving disfranchisement, who nevertheless will resist it, and strive for every 
civil right they enjoyed before the war, and before their treason had involved 
the State in so much sufi'ering. While 1 woiild not recommend you to give 
way to the impulse of vengeance any more than to the appeals of sympathy 
and pity, I would urge you to guard the ballot-box fiiithfully and effectually 
against the approach of treason, no matter in what character it may come. The 
loyal people of the State who sent you here expect you to act decisively in the 
matter, and have no child's play in determining the qualification of voters. 
The subject has been considered by several of our sister States, whose reform 
was not any more loudly called for than with us. It is quite probable that this 
action and its efi'ects may assist you in deciding Avhat to accept and what to 
avoid. 

As you are aware, upon the approach of the national forces and their occu- 
pation of our country, the government took possession of our railroads, in most 
of which the State is a large stockholder. The State is deeply interested in 
her internal improvements, as she has indorsed bonds at the rate of ten thou- 
sand dollars per mile, for nearly all the railroads in Tennessee. And as most 
of these bonds are held by guardians for the benefit, in many instances, of 
minors and widows, I think it nothing more than simple justice to pay them 
the interest already due them. 

The Nashville and Chattanooga railroad was taken possession of by the 
federal authorities on the 7th of March, 1862, and has been held and used ever 
since, aud, regarded as a military necessity, it was proper and right. Presum- 



ADMISSION OF TENNESSEE. 21 

ing the government to have kept the account strictly, she is now about ready to 
make a settlement. My information is that certain officers of the com^^auy 
visited Washington on two different occasions for the purpose of obtaining a 
settlement with the quartermaster general. They fiiiled in their efforts, though 
the President of the United States, who was present on both occasions, ex- 
pressed his views verbally as ftivoring the payment of the company for the use 
of the road. You should now call upon the proper authorities at Washington 
for payment to this and other companies, requiring the mon 'y received to be 
applied to the payment of interest on their bonds. The amount indorsed by 
the State for the Nashville and Chattanooga Railroad Company is $1,535,000, 
and the interest accrued thereon is now nearly $300,000. It is believed that 
upon a just settlement the government will owe the company largely over that 
amount. This road cost the company $3,846,900, including its equipments and 
depots. 

The other roads in the State are similarly situated and demand your atten- 
tion. Those officers of roads and stockholders who fled south, carrying with 
them the rolling stock and funds, should be held to a strict accountability, and 
their property and stock should be made in part to atone for these losses to the 
State and country. The case of the East Tennessee and Georgia railroad and 
its faithless president requires our special attention. 

It is believed the time has now come for the companies again to use their 
roads — for the government, if need be, under even a military superintendent — 
thereby effecting a vast saving to the government, asking only the same pay 
for freights and passengers they are now paying to the Louisville and Nashville 
Railroad Company. As this war is for the benefit of the whole nation, it is not 
believed that the general government intends that Tennessee shall pay more 
than her just proportion of the war debt. 

Your attention is called to the fact that the Louisville and Nashville Railroad 
Company is running a portion of that road in this State, say about sixty miles, 
with another branch from Bowling Green to Clarksville, and for all that portion 
of road in our State the government pays the Kentucky company as if the road 
were in any other loyal State. The information I have is to the effect that the 
Kentucky company treats with indifference the claims of Tennessee upon that 
road. It is your duty to let that company know, in decided but respectful 
terms, what your rights are, and that you dare assert and maintain them. 

The duty devolves upon you at this session of electing two senators to the 
Congress of the United States, and of re-districting the State, so as, without 
delay, to provide for the election of eight representatives to the next Congress. It 
is with profound regret that I have observed several republican journals, and 
some leading politicians of ability and influence are opposed to the admission of 
senators and representatives from Tennessee. They take the ground that the 
State should be treated as a Territory and continued under military govern- 
ment, subject to the arbitrary orders of military rule. If their dangerous and 
revolutionary doctrine is adhered to by any considerable portion of senators 
and representatives in Congress I shall, for one, dread the consequences. My 
confidence in the wisdom and patriotism of senators and representatives leads 
me to believe they will discard, indignantly, any such proposition. The loyal 
people of Tennessee have resolved through the ballott-box to rule themselves 
under the federal flag ; taking the ground that the State has never been out of 
the Union, and boldly denying that the unconstitutional and treasonable acts of 
those in rebellion ever carried them out of the Union. Besides, the inaugura- 
tion of the Vice-President from this State, and the withdrawal of a military 
governor to give place to civil authority, fix the status of Tennessee in the 
estimation of the federal authorities proper. And to your good sense and un- 
yielding firmness I submit this grave question, not doubting that your action 
will be correct. 



22 ADMISSION OF TENNESSEE. 

Tour attontion is called to the condition of affairs in tlie State prison, full 
and siK't'ilic details of -whicli are given in the repoi't of the otHcer Avho is in 
charge of that institution. 1 have every confidence that the legislature will 
look into the wants of the institution, and do for it what, in the judgment of 
members, may seem proper. Meanwhile, I suggest the establishment of branches 
of the penitentiary in the western district and in East Tennessee. The cost of 
building on a moderate; scale would be saved to the State in fifteen or twenty 
years in the single item of a cash market, in each end of the State, for pro- 
visions to sustain, and raw material to keep the convicts employed in manufac- 
turing — such as lumber, marble, iron, coal, leather, &c. The erection of build- 
ings would furnish employment and cash wages to a number of mechanics ; 
and, as there arc seveivil salaried ofhcers attached to such an institution, it 
would distribute the patronage of the State in her three natural divisions. If 
this be not done, an enlargement of the State jjrison Avill be required. The 
demoralized condition of both our white and colored population will cause 
scores to be sent to the penitentiary as our courts go into operation. 

'^rhe Tennessee hospital for the insane, one of the charitable institutions of 
the State, located in this vicinity, deserves yotir attention and your aid. The 
prosperity and success of that noble State charity were all that its friends and 
the friends of humanity could desire at the breaking out of this wicked rebel- 
lion ; but the institution has struggled hard to keep above the waves of oblivion 
for four years past. It kept its deposits in the Bank of Tennessee, and my 
information is, that when the faithless officers of the bank fled, on the approach 
of the national flag, they carried with them some §30,000 belonging to the in- 
stitution. For the details in regard to its past operations and present necessi- 
ties I refer you to tlie report of the superintendent and chief surgeon, a faithful 
and intelligent citizen. 

The Tennessee blind school, a State institution in this city, has been utterly 
destroyed by the federal forces, and the unfortunate pupils, some forty in num- 
ber, are distributed among their friends and the friends of humanity. It was 
not a military necessity that called for the destruction of the institution, but it 
was the work of recklessness ; and if this general assembly will present the 
subject to the government at Washington in this light, it is believed that proper 
steps will be taken to restore this noble charity. The hopes of those pupils at 
best are blasted and their cup of bitterness is full when we have done all that 
lies in our power. We look out upon the world and we know it by its visible 
beauty ; we know our wives by their affectionate looks, our children by their 
smiles and features, our neighbors by their faces and manner of address ; but 
these, and all other earthly things, are to these blind people shrouded in dark- 
ness, and friends, children, and the world are lost to them forever. 

The Tennessee deaf and dum school, located at Knoxville, merits your at- 
tention, as it is one of the charitable institutions of the State. The exciting 
events which are daily transpiring in the country should not induce us to lose 
eight of those whose misfortunes so strongly appeal to us for aid and comfort. 
The buildings and grounds, erected and purchased at a heavy expense by the 
State, are now used for hospital purposes by our army. Of the foitrteen trus- 
tees, nine of them went into the rebellion, and most of them flinl south. An 
equal proportion of the officers and teachers of the school proved to be rebels. 
An early organization of the institution upon a loyal basis is called for, and it 
is hoped will attract your attention. 

The East Tennessee university, located at Knoxville, is a time-honored insti- 
tution, and was chartered and endowed by the State in 1S07, It has been al- 
most destroyed by the federal army. The library, furniture, and fixtures are 
hopelessly destroyed, 'J'he main buildings are standing, and it is but just to 
the educational interests of the most loyal portion of the State that the gov- 
ernment should place that institution on as good a foyting as it found it. A 



ADMISSION OF TENNESSEE. , 23 

mnjovity of tlie board of tiuslees turned out to be rebels, and their places sliould 
be filled with loyal men. 

There are doubtless other institutions in the State which deserve the atten- 
tion of this general assembly, but I am not informed as to their situations. The 
members representing all the counties will be able to look after their interests, 
and should feel that the duty devolves upon them. 

Having thus fully placed before you the information requisite to enable you 
to judge of the condition of the State, the evils which environ us, and the 
measures of legislation needed for averting them and ridding ourselves of them, 
it remains for me but to invoke your attention to the consideration of those means 
by which, above all others, Ave may hope to restore order and prosperity to our 
country. And if one be more prominent than another, it is the necessity for 
earnest and cordial co-operation between the State and federal government. To 
you especially, as senators and representatives, do the loyal people of Tennessee 
look for encouragement and counsel. And to your action in the halls of legis- 
lation will all eyes be turned— not only in Tennessee, but in other States — for 
examples of what is befitting loyal men. I feel full confidence that you will 
prove yourselves equal to the emergency, and meet expectations both at home 
and abroad. I feel asstired that, being united in a common and holy cause, you 
will rise above all selfish considerations, and, bowing submissively to the Divine 
will, you will unite with all good men in reverently invoking the blessings of 
our Heavenly Father upon all we say and do while in the service of the State. 

It is, perhaps, proper for me to state that since writing this message important 
facts have come to my knowledge, and upon unqtiestionable authority, relating 
to the use of a portion of the funds of the Bank of Tennessee, that may require 
me to send you, at no distant day, a special message. The interests of the 
State, and the just rights of the people, should be sacredly and vigilantly 
guarded, no matter who suffers ruin and disgrace. 

^VILLIAM G. BROWNLOW. 



public acts of the general assembly of the State of Tennessee, passed at the first session of the 
thirty-fourth general assembly, which was begun and held at Nashville on Monday, the third 
day of April, in the year one thousand eight hundred and sixty-five, 

CHAPTEE I. 

AN ACT to regulate the county court of Shelby county. 

Section 1 . Beit enacted by the general assembly of the State of Tennessee, That in the county 
of Shelby, in case of vacancy, removal, or when the county judge shall, from any cause 
whatever, fail to hold his court, and a majority of the magistrates shall fail to appearand 
elect a cliairman, as is now provided by law, the clerk of said court shall give notice, iu 
writiug, to any judge or chancellor of said county, who shall liave full power to hold said 
county court and discharge all the duties as the judge or chairman could do by law. 
Sec. 2. This act to take eti'ect from and after its passage. 

WILLIAM IIEISKELL, 
Speaker of the House of Representatives. 
SAMUEL li. KODUERS. 

Speaker of the Senate. 
Passed April 28, 1865. 



CHAPTER IL 

AN ACT to increase the compensation of judges. 

Section 1. Beit enacted by the general assembly of the State of Tennessee, That section 
4538 of the code of this State be so amended that each of the judges of the supreme court of 
this State, hereafter appointed or elected, shall be entitled to a salary of three thousand 
dollars per annum, payable quarterly out of the State treasury. 



24 ADMISSION OP TENNESSEE. 

Skc. 2. Br it further riiarteil, Tliat section 4539 of the code of this State be so ameuded 
tlmt each cli.'uuclliir, circuit, and criminal judge of tiiis State, except count}' judges and 
judges of siMciul ctiuifs, iiereafter appointed or elected, shall be entitled to a salary of two 
thousand dollars per anuuui. 
Sec. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM innsKKLL, 
Speiilicr of till' House of Ui prfsentalircs. 
SAMUEL li. Ix'OlXJEKS, 

Speaker of the Senate. 
Passed May 8, 1865. 



CHAPTER II L 

AN ACT to increase the pay of public printer. 

Section L Be it enacted by the general assimhly of the State of Tennessee, That the pubhc 
printer be jiaid an advance of titty Jtei" cent, on the i)rices now allowed by law. 
Sec. 2. Be it further enacted, That this act take eti'ect from and after its j)assage. 

WILLLVM HEL'^KELL, 
Speaker of the House of Representatives. 
SAMUEL R. KODGEKS, 

Speaker of the Senate. 
Passed May 10, 1866. 

CHAPTER IV. 

AN ACT to punish all armed prowlers, guerillas, brigands, and highway robbers, and for 

other purposes. 

Section L Be it enacted by the general assembly of the State of Tennessee, That every man, 
or squad of men, who may hereafter nuike inroads for plunder upon the peaceable inhaliitants 
of this State, and by force deprive them of their property, or endeavor so to dei(ri\-e them, 
by the alarm caused by their l)eing armed, when in fact he or they were not at the time jiait 
of any organized army and sharing continuously in its duties, but who sometimes return to 
their homes, with the assumption of the sendjlauce of peaceful jjursuits, divesting him or 
tliemselves of the a|)i)earance and character of soldiers, are hereby declared guerillas and 
highway robbers and brigands, and ui)on his or their conviction shall sutfer death by liaiigiug. 

Sec. 2. Be it further enacted, That scouts or single soldiers, if disguised in the dress of the 
country, or clothed in the uniform of either army, who shall wilfully, maliciously and forcibly 
take from the possession or person of the peaceful citizens of the State their property by 
threats of violence, or the actual use of force and violence and under the terror of arms, shall, 
upon conviction, suffer death by hanging. 

Sec. 3. Be it further enacted, That all armed prowlers, by whatever name they may be 
called, who shall willfully, maliciously and forcibly nuike an attack upon any one of the 
peaceable citizens of tliis State for the purj)Ose of robbing him or her, or of stealing his or her 
property, or ot killing him or her, shall, on ccmviction, suffer death by hanging. 

Sec. 4. Be it further enacted. That all persons who shall knowingly, willingly, and 
voluntarily feed any such jierson or ])ersons as described in the ])revi..us sections of this act, 
or furnish them information for the piupose of aiding and assisting them in their unlawful and 
illegal objects, shall be deemed guilty of a felony, and, on conviction thereof, shall be im- 
prisoned in the penitentiary for a period of not less than five years nor more than twenty-one 
years. 

Sec. 5. Be it further enacted. That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Reprcsentatircs. 
SAJSIUEL K. RODGERS, 

Speaker of the Senate. 

Passed May 17, 1865. 



CHAPTER V. 

AN ACT to amend the criminal laws of the State of Tennessee. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That whoever 
shall feloniously take or steal any horse, mule, or ass, shall, on conviction thereof, suffer 
death by hanging: I'roridid, 'J'iie jury l)cfore \vhom the off<;nee is tried shall, if they think 
proper, commute the i)uuisliment to imprisonment in the penitentiary for the period of not less 
than ten nor more than twenty-one years. 



ADMISSION OF TENNESSEE. 25 

Sf,c. 2. Be it further enacted, Tliat whoever shall feloniously break open the house of 
another for the purpose of committing a larceny or robbery therein, shall, on conviction thereof, 
suffer death by hanging: Provided, The jury before whom the offender is tried and convicted 
may, if they think proper, commute the punishment for the offence to imprisonment in the 
penitentiary for the period of not less than ten nor more than twenty-one years. 

Sec. 3. Be it further enacted. That whoever shall feloniously rob another, or steal from his 
person, shall, on conviction thereof, suffer death by hanging: Provided, The jury before 
whom the offender is tried and convicted may, if they think proper, commute the punishment 
to imprisonment in the penitentiary for a period of not less than ten nor more than twenty-one 
years. 

Sec. 4. Be i* further enacted. That any person duly convicted of house or bridge burning, 
shall suffer death by hanging : Provided, The jury, if they think proper, may commute the 
punishment to imprisonment in the penitentiary for a period of not less than ten nor more 
than twenty-one years : And provided, further. That nothing in this act shall be so construed 
as repealing the laws now in force for the punishing of the offences mentioned in this act ; but 
all persons who have heretofore committed any of the offences mentioned in this act shall be 
tried under the existing laws, and, if convicted, shall be punished as now prescribed by law. 

Sec. 5. Be it further enacted, That this act shall take effect from and after its ]iassage. 

WILLIAM HKISKKLL, 
Speaker of the House of lit preventatives. 
SAMUEL E. RODGERS, 

Speaker of the Stinute, 

Passed May 17, 1865. 



CHAPTER VI. 

AN ACT to repeal the 3d article of the 5th chapter, title 5, of the Code of Tennessee. 

Section 1. Be it enacted by the general assemhly of the State of Tennessee, That the 3d 
article of the 5th chapter, title 5, 2d part of the Code of Tennessee, be and is hereby repealed. 
Sec. 2. Be it further enacted. That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL E. RODGERS, 

Speaker of the Senate. 
Passed May 18, 1865. 



CHAPTER VII. 

AN ACT to establish the eighth chancery district of Tennessee. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That an eighth 
chancery district be, and is hereby, established in the State of Tennessee, to be composed of" 
the counties of Sevier, Blount, Monroe, Roane, Knox, Anderson, and McMinn. 

Sec. 2. Be it further enacted. That the chancellor elected, pursuant to the provisions of this 
act, shall hold the courts in the several counties composing said district at the times and 
places in said counties now designated by law, and said chancellor shall have all the powers 
and emoluments given to other chancellors of this State ; and until a chancellor shall be 
appointed or elected for said district, it shall be the duty of the present chancellor to hold 
the courts in said counties as heretofore. 

Sec. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 22, 1865. 



CHAPTER VIII. 

AN ACT to amend the revenue laws of tlie State. 

Section 1. Be it enacted by the general assemhly of the State of Tennessee, That section 
553 of the Code of Tennessee be, and the same is hereby, amended, so that the following 
rate of taxation shall be levied and collected, as now provided for by law : on every taxable 
poll, one dollar; on every hundred dollar's worth of taxable property, twenty-five cents ; on 
sales of land, one cent per acre; on sales of town lots, or parts of town lots, for each lot, 
or part, five dollars; on sales of merchandise by merchants, two cents on the dollar on its 



25 ADMISSION OF TP:XNESSEE. 

invoice cost at tlio plnco wlicro imrcliasod, unless the tax on the same has once before been 
paid to tlie State, in wliidi event no additional tax will be paid; on .sales of merchandise by 
a peddler, for each county in which lie travels, if on foot, twenty dollars ; if on horseback, 
fifty dollars; if in a vehicle, fifty dollars; and for each vehicle,' if he uses more than one, 
fifty dollars; on the refz'ular business of sellinp: at auction any article, the selling of which 
is not taxable, tifty dollars; in all other cases the same rate which is imjiosed on sales of 
merchandise oti cdinmission, on the rep^ular l)usiness of selliii<r jronds, wares, and iiiercdiaii- 
dise on commission, on the tr'*''^''^ amount of sales, ])ul)lic and private, when the amnuiit 
does not exceed ten thousand dollars, thirty-tive dollars; between ten and twent}' thousand 
dollars, sixty dollars; between twenty and thirty thousand dollars, eif^hty five dollars; be- 
tween thirty and forty th<msand dollars, one hundred and ten dollars; and in like ratio: on 
the refjular or general business of brokers, one thousand dollars; on pfrantinij policies of 
insurance, by other than companies chartered by the State, twelve hundred and lifly dnllars ; 
on the business of bankiiifi', by companies ojieratiiip iiiider the law to aiitliori/.e and ref^'ulate 
the business of baidsinf,^ thir(y-tive cents on each hundred dollars of the capital of each 
bank ; ou tlie business of bankings b}' banks, or associations of jtersons of otlicr States of 
the Union, three-fourths of one per cent, ou the capital stated in the attidavit tiled for the 
license as intended to be used in the succeedinj^ twelve months; on disccnintini;' securities for 
nione}', shavinij^ notes, two cents on everj' dollar employed, but in no case less than ten dollars ; 
on theatrical exhibitions, if the theatre or place of exhibition be in a city, live hundred 
dollars; if in other phu-es, iifty debars; ou exhibilinj; for jirofit a circus, vr circus and 
animal show, feats of activity or strength, if in a city, one hundred dollars for each day and 
iiij^lit exliibitiou ; if in any other places than aforesaid, fifty dollars, on keeping a confec- 
tionery, ice-cream saloon, and other places of refreshment, seven and a half per cent, ou the 
capital em])loyed. and the keejier shall take out a license as merchants by law are now 
required, and shall, in addition to said per centum, pay ten dollars for each privilege ; on 
eacli i)etitioii filed in any court of record for the division and distribution of estates, five 
didlars; on each apjieal, writ of error, or certiorari from tiie circuit or chancery court to the 
siiiueme court, live dollars ; on each appeal or certiorari, from before a jiisiice of the peace, 
tliree dollars and fifty cents; on each preseutnient or indictment, throe dollars and fifty cents ; 
on each original suit in any of the courts of law or equity in this State, five dollars. 

Sec. 2. Be it further enacted, That the owners of steam, saw, and grist mills, erected upon 
the lauds of another, shall pay an annual tax to the State of one hundred dollars; that all 
persons who set themselves up as lawyers, and ])roi)Oso to practice law in any of the courts 
< f the State, or held wilhin the State, or l)efore any military commission, shall pay an an- 
nual tax to the State of twenty- five dollars; that all persons who propose so to practice 
shall take out a license from the county court clerk of some county, certifying that the tax 
Las been paid. Any person proposing to, and practicing as aibresaid, failing, or refusing to 
take out said license, shall pay a double tax, to be recovered before any circuit court of the 
State wliere motion is made by the attorney general of an}' district, upon ten days' notice 
to said delinquent, either by imblication in some newspaper in the Slate, or in writing. 

Skc. 3. Be it futtlier enacted, That all persons who set themselves up as doctors t)f medi- 
cine or surgeons (the term doctor, to include all persons who, tor pay, propose to cure dis- 
eases, juiblic or i)rivate, and the term surgeon shall be taken iu the general application of 
tlie term, and shall include dentists,) shall pay an annual tax to the State of twenty -five 
dollars ; license to be obtained, payment made, and recovery had, as provided lor iu the 
second section of this act, governing lawyers. 

Sf,c. 4. Be it further enacted, That all persons known as photograjjliers, and dealing in 
photographic ami ambrotype apparatus and material, shall take oiii a license, and pay the 
same tax to the State as merchants now pay; and all j>eisons who art; or may hcreal'ter set 
tiiemselves up as artists, for the purjiose of taking ])liotograi)hs, ambrotypes, or daguerrean 
likenesses, if in a city, for each gallery opened, one hundied dt)Ilars ; at any other place, 
excepting in the country, twenty-five dollars; if in the country, five dollars; (the term gal- 
lery {() mean any place wliere the artist takes pictures;) said tax to be jiaid to the clerk of 
the county where the gallery is opened. Any jjcrson opening a gallery as aforesaid, without 
j)ayiiig the tax, shall be guilty of a misdeiiuanor, aud, ou conviction, shall be fined not less 
than one hundied nor more than five hundred dollars. 

Sec. 5. Be it further enacted, That sub-section two of section 091 of the code of the State 
be, and is hereby, amended, by striking out the words "twenty-five dollars" aud inserting 
the words "filty dollars," and by striking out the word "ten" and iusertiug the word 
" twenty." 

SiX'. t). Be it further enacted. That tlie foregoing tax shall be assessed aud collected as is 
now provided by l;iw ; that any county which refuses or tliils to make the assessment and 
aiiixiint a tax collector to collect the taxes due the State within the year ]fHi'i, unless the 
governor of the State shall be satisfied that the people of the county made lionest efibrts so 
to do, and it was inqiossible for them to comply with this act, shall pay a double tax; and 
the fifovernor shall send an assessor of his own appointing to said county, with a sutticient 
posse to levy and collect said double tax; that tlie collector so appointed shall seize a suffi- 
ciency of the deliiKiui'iit's per.sonal property to satisfy the taxes and charges, and sell the 
eauie in any county of the State where be can get bidders, after giving the notice now re. 



ADMISSION OF TENNESSEE. 27 

quired by law. If tlie dcliiiqnciit have no personal property of which to make the taxes, 
then the collector shall levy on sufficient real estate to pay the same, and shall return the tacts 
to the nearest county haviiij? resumed civil functions ; and upon return ot a written state- 
ment of the farts, the circnit court shall, at the second term of the court, condemn the real 
estate of the delinquent, or so much thereof as will be of value suflrcient to satisty the 
taxes and costs. And the collector shall, after crivins forty days' notice in wntmg, posted 
on the c.ourt-hous<! door of the coimty where the land was condemned, as well as in ttie 
county where the land is situated, if practicable, sell the same at public outcry to the liij^liest 
bidder in the same manner, and with the same conditions, and upon the same terms, as 
now provided bv law ; but this section shall not apply to soldiers belonjrino- to the Inited 
States army, or soldiers that have served in the same and have been honorably discharged, 
or their widows or minor children. ^ , ^ ■, ^ rr. v 

Sec 7. Be it further enncted, That the 553d section of the Code of Tennessee be so 
amended as to read as follows: "On keeping a tract for turf-racing, two hundred dollars ; 
for half-mile tracts, one hundred dollars; for quarter-miie tracts, fifty dollars." 

Sec 8 Be it further enncted, That any person of undoubted loyalty residing in a county 
where the tax has been collected, as provided in this act, shall have the privilege of paying 
his tax at any time before or at the time the collector comes into the county to collect the 
double tax provided by this act. _ . • ^^ a, . c 

Sec 9. Be it further enacted. That all express companies doing business in the State ot 
Tennessee shall take out a license from the comptroller, and pay over to hiin one thousand 
dollars for the privilege of doing business ; and, in addition, give bond to the comptroll(?r ot 
five thousand dollars, to account and pay over one-half of one per cent, on their income from 
their business done in this State. , ,, . , ^ ^^ i ^ 

Sec. 10. Be it further enacted, That the tax assessed on lawyers, by this act, shaU be col- 
lected by the clerk of the county court of the county where the lawyer resides. Said clerk 
shall issue license. • i .i 

Sec. 11. Be it further enacted. That all persons who are engaged in tanning leather as an 
occupation, shall pay into the treasury of the State twenty-five dollars as a privilege tax. 

Sec. 12. Be it further enacted, That, after paying the interest on the State debt proper and 
current expenses of the State, the sum of eight hundred thousand dollars be applied to com- 
mon school purposes, in addition to what is now allowed by law for said purposes. That all 
the laws of the State upon the subject of taxes, except as altered or repealed by this act, are 
still in full force and eilect. That the county courts of this State shall have the power to ein- 
brace in the catalogue of subjects of taxation for county purposes all subjects mentioned in 
ihxs, act. This act shall take effect from and after the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Represeniatires. 
SAMUEL R. RODGEKS, 

Speaker of the Senate, 

Passed May 24, 1865. 



CHAPTER IX. 

AN ACT to more effectually manage the penitentiary, and for other purposes. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the salary 
of the keeper of the penitentiary of the State shall be two thousand dollars a year, and no 
more: and that section 5442 of the code be, and the same is hereby, repealed, so far as it 
gives to the keeper one hundred dollars a year for the board of each assistant keeper. 

Sec. 2. Be it further enacled. That all of the assistants, clerks, guards, and other employes, 
shall be boarded at the expense of the penitentiary, without any compensation being paid to 
the keeper ; and it is hereby made the duty of the keeper to have the food properly prepared 
■without any additional expense to the penitentiary. ■ ^ , j 

Sec. 3. Be it further enacted, That the keeper of the penitentiary shall hereafter be elected 
by the joint vote of the general assembly of the State of Tennessee, in convention assem- 

Sec. 4. Be it further enacted. That the penitentiary shall be enlarged; and for this pur- 
pose the inspectors and keeper of the penitentiary are hereby instructed and required to direct 
the labor of the convicts to that end and object, so as to enclose the ground belonging to the 
penitentiary now open, or so much thereof as, in their opinion, the necessities of the institu- 
tion may require. ■, r ■, r, , i • i i 

Sec. 5. Be it further enacted, That the attorney general of the State be, and is hereby, in- 
structed and commanded to examine into the item of the account showing that there is due 
to the penitentiary the sum of fifty thousand one hundred and thirty-two dollars and eighteen 
cents, by note and account; and if said indebtedness has been created since the year ld58,_to 
institute legal proceedings against the keepers and their securities, who have created said in- 



28 ADMISSION OF TENNESSEE. 

debtednpss in violation of law. ami for this ])mi]ios(> Im' may inocnvo coni|)i'tcnt counsel to 
represent the interests of the State, who sliall he paid as the general assembly may hereafter 
direct. 

Sec. 6. Be it further enacted. That the oflice of amlitinp^ clerk in the penitentiary be, and 
the same is hereby, repealed. 

WILLIAM HEISKELL. 

Speaker of llir House of Hepresrntalives. 

SAMUEL K. KOlXJHliS, 

Speaker of the Senate. 
Passed May 24, 1865. 



CHAPTER X. 

AN ACT to provide for the limitation of actions, and for other purposes. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That no statute 
of limitations shall be held to operate from and after the (5th day of May, 1861, to the 1st day 
of January, 18(57, and from the latter date the statutes of limitations shall commence their 
operation accordinp;' to existing;- laws, and the time between the Gth day of May, 1861, and 
the 1st day of January, 18(57, shall not be computed, nor shall any writ of error be refused or 
barred in any suit decided since the (5th day of May, 1861, or within one year immediately 
prior to that date by reason of lapse of time. 

Skc. 2. Be it enacted, Tiiat the statutes of limitations prescribed in chapter 2, article 3, 
section 2784 of the Code of Teuuessee, shall not be held to operate, or the tiuie be computed 
from the 6th of May, 1861, to the 1st of January, 1867, and from and after the 1st daj' of 
January, 1867, said statutes of limitation shall commence its operations according to existing 
laws. 

Sec. 3. Be it enacted, That if at any time any cause of action shall accrue against any 
person who shall be out of this State, the action may be eonnneuced within the time limited 
therefor, after such i)ersons shall come into the State, and after any cause of action shall have 
accnu'd, the ])erson against whoiii it has accrued shall be absent from, or reside out of the 
State, the time of his abence or residence out of State shall not be taken as any part of the 
time limited for the commencement ot the action. 

Sec. 4. Be it further enacted, That in all cases where real estate is subject to redemption, 
as prescribed in chapter 5, section 2124 to 2137, inclusive, of the Code of Tennessee, the time 
between the 6th day of May, 18(51, and the 1st day of .January, 1867, shall not be held to 
operate, or be computed, and all persons entitled to redeem such real estate shall have six 
mouths from and after the 1st day of January, 1867, to redeem the same according to existing 
laws. 

WILLIAM HEISKELL. 

Speaker of the House of lieprcsenlatitts. 

SAMUEL K. KODGLRS, 

Speaker of the Senate. 

Passed May 30, 1863. 



CHAPTER XI. 

AN ACT to fix tlie fees to be paid by commissioners of deeds resident in other States. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the secre- 
tary of state shall be allowed a fee of five dollars for affixing the great seal of the State to the 
commission of each couunissioner of deeds for this State. 

Sec. 2. Be it further enacted. That this act shall take etfect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of lieprcsentatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed Mav 31, 186.'j. 



CHAPTER XII. 

AN ACT for the relief of indigent families of soldiers. 

Sf.CTION 1. Be it enacted by the general assembly (f the Slate of Tennessee, That the county 
courts of this State shall have power, at any quarterly term, a majority of the justices of the 
peace of the county being jiresent, to levy a tax on i>roi)erty iirivileges and jiolls, to rai»ie a 
fund for the relief of indigent families of soldiers in the United States army; said fund to be 
co.leoted and paid to the trustee, as now provided for by law: Provided, That the widowed 



ADMISSION OF TENNESSEE. 29 

mothers, wives, and minor cliiklren of soldiers who have died in the federal service shall have 
the benefit of this act in common with the families of those still living^. 

Sec. 2. Be it further enacted, That the fund raised under the provisions of the first section 
of this act shall be under the control of the county court of the county where raised, and shall 
be used only for the purpose for which it was raised, unless the necessity for which it was 
intended ceases, then it shall become a part of the general fund of the county. 

Sec. 3. Be it further enacted, That this act shall take etfVct from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. ROGERS, 

Speaker of the Senate. 
Passed May 31, 1865. 



CHAPTER XIIL 

AN ACT to amend the corporation of the city of Shelbyville, and for other purposes. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the sheriff 
of Bedford county shall open and hold, upon ten days' notice, an election for mayor and alder- 
men, and other officers of the town of Shelbyville, according to existing laws, who, when 
elected, shall have all the powers, until their successors are elected at the next regular elec- 
tion and qualified as required by law, that are conferred by law on said mayor and aldermen, 
and other officers of the corporation of said town of Shelbyville. 

Sec. 2. Be it further enacted, That the sheriff of each county in the State shall open and 
hold, upon ten days' notice, an election for mayor and aldermen, and other officers in any 
incorporated town, village, or city, according to existing laws; who, when elected, shall have 
all the powers conferred on them by their respective charters of incorporation, and until their 
successors are elected and qualified, as required by law. 

Sec. 3. Be it furthar enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 31, 1865. 



CHAPTER XIV. 

AN ACT to change the times of holding the chancery courts at Athens and Benton, in this State. 

Section 1. Beit enacted by the general assembly of the State of Tennessee, That the chancery 
court at Athens, McMinn county, Tennessee, shall hereafter be holden on the fourth Mondays 
of May and November in each year, instead of third Mondays of February and August, as 
now provided by law. The first court after the passage of this act shall be holden on the 
third Monday of February next, as heretofore, but forever thereafter the chancery courts at 
Athens shall be holden, commencing on the fourth Mondays of May and November, as above 
provided. 

Sec. 2. Be it further enacted. That hereafter the chancery courts at Benton, in Polk county, 
Tennessee, shall be holden on the third Mondays of June and December in each year, instead 
of the first Mondays of February and August, as now provided by law; and the first court 
after the passage of this act shall be holden on the third Monday of June, 1865. 

Sec. 3. Be it further enacted. That the chancery courts for the eighth chancery division of 
this State shall be held at the following times and places each and every year: fourth Mon- 
days of May and November at Athens, McMinn county, Tennessee ; first Mondays of June 
and December at Madisonville, Monroe county, Tennessee; fourtl^ Mondays of June and 
December at Maryville, Blount county, Tennessee ; Thursday after the third Mondays of April 
and October at Kingston, Roane county, Tennessee; first Mondays of April and October at 
Knoxville, Knox county, Tennessee; second Mondays of April and October at Seveirville, 
Seveir county, Tennessee; first Mondays of May and November at Clinton, Anderson county, 
Tennessee. 

Sec. 4. Be it further enacted. That hereafter all process issued from any of said chancery 
courts, in the eighth chancery division of this State, shall be made returnable to the times 
and places mentioned in this act, and that the next chancery court at Maryville, Blount 
county, Tennessee, shall be holden on the fourth Monday of December, 1865, instead of the 
time heretofore provided for by law. 

Sec. 5. Be it further enacted. That the chancellor of the eighth chancery division of this 
State, shall have full power and authority to hold the circuit courts of the counties composing 
said chancery division, whether by interchange with a circuit judge or not: and such circuit 
courts as he may hold, and such causes as he may try and determine in such circuit, shall bo 



30 ADMISSION OF TENNESSEE. 

pood i\ml valid, to all intents and purposes, and lie shall have and exercise all the jiowcrs of 
circnit judpfes. 

Sec. tJ. Br it furlhcr r.nartrti. That tlie chaneery t'omt at Taylorsville, for Johnson county 
shall be held ou the third Mondays of April and Octoher. 

Sec. 7. lie it further enacted, That this act shall take eti'eet from and after its passage. 

WILLIAM HEISKELL, 
SpfnUer of the House of Heprrsentatires. 
ttAMUEL li. KODGEHS, 

Speaker of the Seiiatc. 
Passed June 2, 1865. 

CHAPTER XV. 

AN ACT to repeal an act passed on the 19th day of March, 1800, to repeal section 4766 of 
the code, and to re-enact section 4760 of the code. 

Section 1. Beit enacted by the general assembly of the Stale of Tennessee, That whoever shall 
be p^nilty of ntterinjj seditious words or speeches, sjjreadinp abroad false news, writiiifj or dis- 
jiersiuii' seiuriloiis libels afjainst the State or }i-encral }joviinnicut, disturliinf^- or ol)strnctiiigf 
any lawful ofiiecr in e.\ecutin;j^ his office, or of instii^atinf^ others to cabal and meet top-ether 
to contrive, invent, sup:pest, or incite rebellious consi)iracies, riots, or any manner of un- 
lawful feud or differeucfs, thereby to stir peoph; uj) maliciously to contrive the ruin and 
destniction of the peace, safety, and oi'der of the g^overnmeut, or shall knowingfly conceal 
such evil practice, shall be punished by fine and imprisonment at the discretion of the court 
and jury tryin<;^ the case, and may be compelled to p-i\c o-ood and siifficicnt sureties for his 
or her g-ood behavior durino- the court's pleasure, and shall be incapable of bearing any office 
of houoi, trust, or jirotit in the State government for the sjjacc of three years. 

Sec. 2. Be it further enacted. That it shall be the duty of the judges to give this act in 
charge to thf grand jury, and no prosecutor shall be required to an indictment under this act. 
Sec. 3. Be it further enacted, That this act take etfect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Ncprrsentatives, 
SAMUEL E. RODtiEKS, 

Speaker of the Se7iate. 
Passed June 3, 1865. 



CHAPTER XYI. 

AN ACT to limit the elective franchise. 

Whereas the first article and the first section of the declaration of rights in the constitution 
of the State of Tennessee declares: "That all ])ower is inherent in the peojile, and all free 
governments arc founded on their authority a)id instituted for their peace, satety, and haj)pi- 
ness; for the advancement of these ends they have at all times an inalienable and indefeasible 
right to alter, reform, or abolish the government in such manner as they may think jiroper; 
and Avhereas a large and respectable convention of the free and loyal people of the State of 
Tennessee met in the city of Nashville, on the yth day of Jamniry, 1805, and j)r(>])osed certain 
alterations and amendments to the constitution of the State of Tennessee, for rejection or rati- 
fication by the loyal people on the 22d of Eeliruary following; and whereas said amendments 
and schedule were solemnly ratified Avith great unanimity by the authoritati\e voice of the 
people; and wlwreas the 8tli section of said schedule providi'd for the election of a governor 
and members of the legislature on the 4th day of March, 18(55, and who, in accoidance there- 
with, Mere elected by the ballots of the loyal jjeople; and whereas the same authoritative 
voice, in section t)th of the schedule, delegated to the general assembly meetingy/>s< under 
tliis amended constitution, the right to fix the qualification of voters and the limitation of the 
elective tunicliist'; therefore, acting iaithfully under and in accordance with this delegation 
of SUJireUK' pinver — 

Section i. Be it enacted by the general assembly of the State of Tennessee, That the follow- 
ing person.s, to wit : 

1. Every white man twentj'-one years of age, a citizen of the United States and a citizen 
of the county whert'in he may ofier bis vote six inonths next preceding the day of election, 
and publicly known to have entertained unconditional Union sentiments from the outbreak 
of the nbellioii until the pre.sent time; and 

2. Eveiy white man, a citizen of the United States and a citizen of the county wherein 
he may oiler his vote six months next ])rec<'ding the day of election, having arrived at the 
age of twenty-one years since March 4, 18(35; Prorided, That he has not been engaged in 
armed rebellion against the authority of the United Stati's voluntarily; and 

3. Every white man of lawful age coming from another Slate, and being a citizen of the 
United Stales, on ])roof of loyalty to the United States, and being a citizen of the county 
wherein he may ofl'er his vote six mouths next preceding the day of election ; and 



ADMISSION OF TENNESSEE. 31 

4. Every wliite man, a citizen of the United States and a citizen of tliis State, wlio lias 
served as a soldier in the aruiy of the United States, and has been or may be hereafter honor- 
ably discharged therefrom; and 

5. Every white man of lawfnl age, a citizen of the United States and a citizen of the 
connty wherein he may offer his vote six months next preceding the day of election, who 
was conscripted by force into the so-called confederate army, and was known to be a Union 
man, on proof of loyalty to the United States, established by the testimony of two voters 
under the previous clauses of this section; and 

6. Every white man who voted in this State at the presidential election in November, 
J864, or voted on the 22d of February, 1865, or voted on the 4th of March, 1865, in this 
State, and all others who had taken the "oath of allegiance" to the United States, and may 
be knowuby the judges of election to have been true friends to the government of the United 
States, and would have voted in said previously mentioned elections if the same had been 
holden within their reach, shall be entitled to the privileges of the elective franchise. 

Sec. 2. Be it fiirther enacted, That all persons who are or shall liave been civil or diplo- 
matic officers or agents of the so-called Confederate States of America, or who have left 
judicial stations under the United States or the State of Tennessee to aid, in any way, the 
existing or recent rebellion against the authority of the United States, or who are or shall 
have been military or naval officers of the so-called Confederate States, above the rank of 
captain in the army or lieutenant in the navy ; or who have left seats in the United States 
Congress or seats in the legislature of the State of Tennessee to aid said rebellion, or have 
resigned commissions in the army or navy of the United States, and afterwards have volun- 
tarily given aid to said rebellion ; or persons who have engaged in treating otherwise than 
lawfully, as prisoners of war, persons fotnid in the United States service as officers, soldiers, 
seamen, or in any other capacities; or persons who have been or are absentees from the 
United States for the purpose of aiding the rebellion; or persons who held pretended offices 
under the government of States in insurrection against the United States; or persons who 
left their homes within the jurisdiction and protection of the United States, or fled before the 
approach of the national forces and passed beyond the federal military lines into the so-called 
Confederate States, for the purpose of aiding the rebellion, shall be denied and refused the 
privilege of the elective franchise in this State for the term of fifteen years from and after the 
passage of this act. 

Sec. 3. Be it further enacted, That all other persons, except those mentioned in section 1 
of this act, are hereby and henceforth excluded and denied the exercise of the privilege of the 
elective franchise in this State for the term of five years from and after the passage of this act. 

Sec. 4. Be it further enacted. That all persons embraced in section 3 of this act, after the 
expiration of said five years, may be readmitted to the privilege of the elective franchise by 
petition to the circuit or chancery court, on proof of loyalty to the United States, in open 
court, upon the testimony of two or more loyal citizens of the United States. 

Sec. 5. Be it further enacted, That so long as any of the white citizens of the State of 
Tennessee, who by this act are entitled to exercise the elective franchise, shall be connected 
with the army of the United States, or with the military force of this State in actual service, 
the governor shall issue writs of election to the commanding officers of such brigades, regi- 
ments, or detachments of Tennessee soldiers, wherever located, who shall open and hold the 
election, and receive the votes of their respective commands, and return the same to the 
secretary of state, and which shall be counted in the same way and manner as if said votes 
had been cast in any of the counties of the State to which the soldiers belonged. 

Sec. 6. Be it further enacted, That it shall be the duty of the county court clerk, in each 
county, to open and kee]) a registration of voters, and before whom proof, under oath, that 
the voter falls within the provisions of article 1 of this act, shall be made : Provided, No 
man of publicly known Union sentiments shall be required to make oath in doing the same ; 
and said clerk shall receive such compensation as the county court in each county may deem 
proper ; and also said clerk shall issue to all such persons a certiiicate of registration, and no 
one shall be permitted by the judges of election to vote unless so registered. 

Sec. 7. Be it further enacted. That any voter may be challenged by an admitted voter of 
section 1 of this act, on offering his vote; and thereupon the judges of election shall per- 
emptorily administer to the person so challenged, before permitting him to vote, the follow- 
ing oath, said oath also to be taken by all judges of election and candidates for office: 



" I solemnly swear that I will henceforth support the Constitution of the United States 
and defend it against the assaults of all its enemies ; that I am an active friend of the gov- 
ernment of the I'uited States ; that I will heartily aid and assist the loyal peo])!e in whatever 
measures may be adopted under the Constitution of the United States, and under all laws 
and proclamations made in pursuance thereof, to establish the national authority over ad 
the people of every State and Territory embraced in the national Union ; and that I wiil 
faithfully and most heartily support and defend the constitution of the State of Tennessee, 
and the amendments and schedule thereunto appended and adopted by the people on the 22d 
day of February, lf*65; and also all acts of the general assembly assembled in accordance 



32 ADMISSION OF TENNESSEE. 

tliorcwith ; ami that I take this uatli freely, voluntarily, ami without mental reservation: So 
help me God." 

Sec. 8. lie it further enacted. That any person taking this oath falsely shall be puilty of 
perjury, and shall suti'cr the pains and penalties attaehed to that crime. 

8r.('. U. /{'• it flirt III r cniirtnl. That the power is reserved to alter, amend, or ehanjje tho 
provisions of this act at any time when, in the opinion of this general assembly of the State, 
it is riy;ht and proper to do so. 

Sec. )0. And be it further enacted, That this act shall take effect from and after its pas- 
sage. 

WILLIAM HEISKELL, 
Speaker of the Hmisr of licprrnnitittives, 
SAMUEL K'. KOlHiKliS, 

Speaker of the Senate, 
Passed June 5, 1 865. 



CHAPTER XVII. 

AN ACT to repeal an act incorporatino^ a military department in Andrew College, and the 
^leniphis Arms Company, and for other ])uri)oses. 

Section 1. Be it enacted hy the general assembly of the State of Tennessee, That the acts 
incorporating a military department in Andrew College, and theJJleniphis Arms Company, 
which were passed January :{0, IHtil, be, and the same are hereby, repealed. 

Sec. 2. Be it further enacted, That an act passed January 31, IHtJl, authorizing the mayor 
ot the city of Memphis and the sherift" of Slielby county to call out the 1.')4th regiment to 
svippress insurrection, riot, or invasion, at the expense of the city and county, be, and the 
same is heri-by, rept'aled. 

Sec. :>. Be it furthtr enacted, That an act to incorporate the Memphis Light Dragoon 
Company, which was passed January 31, 186], be, and is hereby, repealed. 

Sec. 4. Be it further enacted, That this act shall take etlect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of lirprrsentatives. 

SAMUEL K. KODGERS, 

Speaker of the Senate. 
Passed June 5, 1865. 

CHAPTER XVIII. 

AN ACT to amend .«ection 117 of the code, and for other purposes. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the crimi- 
nal court of the county of JMontgoineiy be, and the same is hereby, abolished ; and that the 
jurisdiction of said court be, and the same is hereby, conferred upon the circuit court of 
ilontgomery county as fully and completely as can by law be done. 

Sec. 2. Be it further enacted. That all of the causes in the criminal court of Montgoinery 
county shall be transfcrrt'd to the circiut court of Montgomery county, and all bonds taken 
for the ajipearance of det'endants be returnable to the first Tuesday alter the sect)nd Monday 
in September, ]8()5, before said circuit court. 

Sec. 3. Be it further enacted, That the circuit judge of the tentli judicial circuit of the 
State of Tennessee shall have full j)0wer to try all such criminal causes as may be thus 
transferred to it, or that may hereafter arise in the county of Montgomery; and that he is 
hereby clothed with full power to fix a day at each term of" his court when all such business 
shall be taken up. 

Sec. A.^Be it further enacted, That there shall be regularly emjianelled a grand jury for 
the county of Davidson, which shall be elected, sworn, and emjianelled by the circuit 
court of Davidson county, and shall have its sittings during the regular session of said court, 
and with full power of all other grand juries in the State; and that the bills and present- 
ments so made by the grand jury thus em])anelled and returned, shall be regula'ly traLS- 
ferred to the criiniuiil court of Davidson county for process to issue, and trial to be had, as 
in other criminal cases. 

Sec. .'). Be i( further enacted, That the circuit court of Montgomery county shall have full 
power, with all other criminal courts of the State, to organize and empanel a grand jury as 
now provided for by law. 

Sec. 6. Be it further enacted, That this act shall take effect from and after its )iassage. 

WILLIAM in:isKEl>L, 
Speaker of the House of Itepn siutalircs. 
SAMUEL R.' KOlUJEKS. 

Speaker of the Senate. 

Passed June 5, 1865. 



ADMISSION OF TENNESSEE. 33 

CHAPTER XIX. 

AN ACT to authorize the investment of trust funds, and for other purjDOses. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the courts 
of law and equity in this State l)e, and they are hereby, authorized to have the money and 
funds in the hands of clerks and receivers, or trustees, in litip^ation, or under the control of 
said courts, invested in the public stocks or bonds of the United States, under such rules 
and orders in each case as may be legal and just. 

Sec. 2. That guardians, executors, administrators, and trustees shall also be authorized 
and empowered to invest money and funds in their hands in the public stocks or bonds of 
the United States, and make report thereof to the county court of the county where such 
guardian, executor, administrator, or trustee resides, unless another mode of investment is 
required by will or deed of the testator or other person who has established the funds. 
Sec. 3. This act to be in force from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 



CHAPTER XX. 

AN ACT to establish a claim agency of Tennessee in the city of Washington. 

Section L Be it enacted by the general assembly of the State of Tennessee, That the goverqor, 
by and with the advice and consent of the Senate, be, and he is hereby, directed to appoint 
an agent for the State of Tennessee, learned in the law and faithful in business, who shall 
keep his otfice in the city of Washington, whose duty it shall be, whenever requested by the 
party or parties interested, to prosecute Isefore the Court of Claims at Washington, or before 
any of the departments at Washington, any claim or demand growing out of the existing 
war which the State of Tennessee, or any citizen or soldier thereof, has against the govern- 
ment of the United States: Provided, That the person appointed under this act shall hold no 
other otJice or appointment under the United States or the State of Tennessee. 

Sec. 2. Be it further enacted, That it shall be the duty of said agent to answer all com- 
munications addressed to him by any Tennessee soldier or citizen, or any ofiScer of the State 
government, in regard to any matter of business in any of the departments at Washington. 

Sec. 3. Be it further enacted, That said agent shall perform such other duties as may from 
time to time be required of him by the governor, and may be removed by the governor when- 
ever, in his opinion, the interest of the people of Tennessee require it. 

Sec. 4. Be it further enacted, That the agent appointed under this act shall not, directly 
or indirectly, receive or charge any fee for services rendered under this act to Tennessee 
soldiers, their widows, heirs, and legal representatives ; nor shall he purchase, trade, or deal 
in any claim against the United States, whether the same is or is not in his hands for collec- 
tion. 

Sec. 5. Be it further enacted. That any violation by said agent of the provisions of the 
preceding section shall be a misdeii>eanor in office, and punishable by line or imprisonment, 
or both, at the discretion of the jury. He may be indicted in the circuit court of the county 
where the claimant or soldier resides, or in the circuit court of the county in which the agent 
resides. 

Sec. 6. Be it further enacted. That, before entering on the discharge of the duties of his 
office, he shall take the oath that other officers of this State are required, under the Consti- 
tution, to take, and shall execute a bond with sufficient security, to be approved of by the 
governor, conditioned that he will faithfully and diligently discharge the duties of his office; 
make full, fair, and complete returns of all claims and funds which may come into his hands 
or may be intrusted to him, and pay over to the claimant all money, vouchers, and effects 
which he may receive for any claimant ; and that he will not, directly or indirectly, purchase, 
trade, or deal in any claim whatever against the United States ; which bond shall be filed 
and preserved in the office of the secretary of state, and upon which any one aggrieved may 
maintain a suit for any breach thereof, and any recovery on the same shall not bar any other 
suit upon the same for any other and distinct cause of action. 

Sec. 7. Be it further enacted. That the agent shall receive, as compensation for his services 
under this act, a salary of fifteen hundred dollars, payable out of the State treasury. 

Sec. 8. Be it further enacted. That for prosecuting the claims of the State, or the claims 
of soldiers, their widows, heirs, and legal representatives, said agent shall receive no other 
compensation than the salary herein allowed, but for prosecuting and collecting the claims 
of other persons, citizens of Tennessee, he is allowed to charge any fee agreed upon between 
him and the claimant not exceeding five per centum on the amount of the claim allowed, 
where such allowance is one hundred dollars or less ; if over one hundred and not exceeding 

H. Mis. Doc. 55 3 



34 ADMISSION OF TENNESSEE. 

one thousand dollars, five dollars on the first liun(lro<l ddllfirs and tlireo por centum on the 
residne may bo cliarp^od, and it" more tlian one tlioiisiuid dollars, then two and a half per 
ct'iituiii on tlic excess over one thousand dollars eollectcd: Proridrd, Tlic ajicnt shall not 
attend to the jiroseention of the elainis of any other State, and for a violation of this section 
be shall lie dismissed from his oflice by the governor, and on indictment in the circuit court 
of the county where the claimant resides, fined in a sum not exceedin}^ five times the amount 
of fees charged. 

Src. 9. Tic it further enacted, Tliat the agent shall liold his office for a period not exceeding 
two years from the first day of October, li^tif); and in the event of his death, resignation, or 
removal from office, the governor may a])]»oint a successor for the uiiexpired term, who shall 
receive tlie office, books, papers, and claims uf his predecessor, and be governed by the pro- 
visions of the foregoing sections of tins net. 

Skc. 10. Be it further enacted. That this act shall take effect from and after its passage, 
and shall continue in force until the first day of October, eighteen hundred and sixty-seveu. 

WILLIAM HELSKELL, 

Speaker of the House of Rcj)rescntatives. 

SAMUEL K. K'ODfJERS, 

Speaker of the Senate. 
Passed June 5, 1865, 



CHAPTER XXL 

AN ACT for the benefit of discharged Union soldiers. 

Section 1. Beit enacted by the general asiemhly of the State of Tennessee, That all dis- 
charged Union soldiers, who have served either as State or Federal soldiers, and have been 
houiirably discharged the service, and all citizens who have always been loyal, shall be per- 
mitted to carry any and all necessary side-arms, being their own private property, for their 
personal protection and common defence. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. KODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 



CHAPTER XXII. 

AN ACT accepting on the part of the State of Tennessee a grant of lands made by the United 
States to the several Stiites and Territories which may provide colleges for the benefit of 
agricidture and the mechanic arts. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That an act of 
Congress of the United States, approved July 5, J 862, entitled an act donating public lands 
to the several States and Territories which may j>rovide colleges for the benefit of agriculture 
and the mechanic arts, and the grant of land and land scrip thereby made be, and the same 
is hereby, accepted on the part of the State of Tennessee. 

Sec. 2. And be it enacted, That the said grant of land and land scrip is hereby accepted 
for the purposes and ujion the conditions in said act of Congress specified, and the assent of 
the State of Tennessee to the several conditions and provisions in said act contained is hereby 
signified and expressed. 

Sec. 3. And be it enacted. That the governor of this State, and such person as he shall 
appoint for that purpose, are hereby appointed connnissiouers for the State to receive from 
the Secretary of the Interior, or other officer of the United States, the land scrip to which the 
State of Tennessee is or may be entitled under tlie act of Congress aforesaid; said scrip to 
be held by said commissioners for the State until jirovision is made by law for the sale thereof 
and investment of the proceeds in accordance with the provisions of said act of Congress. 

WILLIAM HEISKELL, 

Speaker of the House of Hcprcscntatires. 

SAMUEL R. ROlJCiEK'S, 

Speaker of the Senate. 

Passed June 6, 1865. 



CHAPTER XXIII. 

AN ACT to provide for the payment of certain counsel fees. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That in all 
cases where suits have lieen liroiiglit, or may hereafter be brought, against any jiersims 
that have been connected as president, cashier, directors, debtors, or in any way liable to the 



ADMISSION OF TENNESSEE. 35 

Bank of Tennessee or branches, by attorneys, instrncted by the attorney general of the State 
to bring said suits, said attorneys shall be paid such compensation for their services as the 
governor, secretary of the State, and the attorney general of the State may deem just ; the same 
to be paid out of any money in the treasury not otherwise appropriated, upon the certificate 
of said officers certifying the amount to the comptroller. 

Sec. 2. Be it further enacted, That in all cases where the interest of the State requires 
(in the judgment of the governor and attorney general of the State) additional counsel to 
the attorney general of the State or district attorney, the governor shall employ such counsel, 
who shall be paid as provided in the first section of this act. This act to take effect from and 
after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL K. RODGERS, 

Speaker of the Senate. 
Passed June 7, 1865. 



CHAPTER XXIV. 

AN ACT for the protection of sheriffs and other civil officers of the State. 

Section L Be it enacted by [the general assembly of the State of Tennessee, That the 
sheriffs of the several counties in this State are hereby authorized to raise a posse of men, 
not to exceed twenty-five in number, as a county patrol, and to aid the sheriff and all other 
civil officers of the county in enforcing civil law and order ; and, further, the sheriffs of the 
different counties in this State shall, in all cases of emergency, have discretionary power to 
summon, in addition to the posse granted by this act, as many more men as will, in his 
judgment, be sufficient to either capture or disperse all opposing forces. 

Sec. 2. Be it further enacted, That the above county guards shall consist of the citizens of 
the county, and none shall be eligible to serve but such as have a good moral character and 
unquestionably loyal to the United States and State of Tennessee. 

Sec. 3. Be it further enacted, That the expense of raising and keeping in said service the 
above force shall be paid by the county in which it is raised, and the clerk of said county 
shall keep a current account of all such expenses, and report the same to the comptroller of 
the State, and that the county court shall have power to disband the same when in their 
oijiuion the causes for which they were raised shall have passed away. 

Sec. 4. Be it further enacted, That this act take efi'ect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 7, 18G5. 



CHAPTER XXV. 

AN ACT " to regulate the stock of the county of Sumner in the Nashville and Louisville 
railroad, and for other purposes." 

Whereas, under the authority of an act of the general assembly of the State of Tennessee, 
the citizens of Sumner county voted to subscribe $300,000 stock in the Louisville and Nash- 
ville railroad ; and whereas, by a subsequent act of the legislature, said subscription was 
paid by the issuance of the bonds of the county, payable in twenty years, with six per 
cent, interest, payable senu-annually in the city of New York, $100,000 of which are dated 
the 1st of June, 1854, $100,000 of which are dated 1st of June, 1855, and the remaining 
$100,000 the 1st of June, 1856 ; all of which were delivered to the president of the Louisville 
and Nashville railroad, and for which the county received a certificate of stock in said railroad 
to the amount of $300,000 ; and whereas there has been no provision made for the redemp- 
tion of the bonds of the county, issued as afoiesaid to pay off the interest that has accrued 
since the 1st day of January, 1861 : 

Now, therefore, in order to enable the people of said county to free themselves from said 
indebtedness. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the county 
judge of Sumner county shall have the power, and it is hereby made his duty, to advertise in 
some one of the papers published in the city of Nashville and Louisville, requesting the 
holders of the bonds of Sumner county to file in his office their amount, date, and number, 
and to open a negotiation with said holders for the payment of said bonds in the stock of said 
county in the Louisville and Nashville railroad, at par ; and in all cases where the holders of 
any of said bonds shall agree to take said stock, or a regular transfer thereof, dollar for 
dollar, then the said county judge shall make said exchange, and by power of attorney 
acknowledged before the clerk of the county court, or in person, transfer, said stock upon the 



86 ADMISSION OF TENNESSEE. 

books of the company to such holder, or his, her, or their order, and receive in lien of said 
stock siicli bond or lionds so paid; and ho sliall riport to tln^ next term of the county court 
all of the bonds so taken up. As lu! shall so receive a luuid, he shall write in le<^ilile letters 
across its face cancelled, with the date and his othcial si^niaturt' ; and it shall be his duty, in 
the presence of the clerk tliereof and such justices of tlie peace as may be present, to cancel 
said bonds, and record shall be made uium the minutes of said court of said cancellation. 

Sec. 2. lif it further enacted, That, to meet any interest due on said bonds, the county 
judfje of Sumner county is authorized and rcquiiVd to ascertain from said company what 
is the amount of dividends due the county on said stock ; and after priving three months' 
notice to iiolders of coupons in the papers aforesaid, lie will pro rata the same amoufjj said 
liolders who shall present the same as notified, and <xive such ])arties deliverinfr up their 
coupons authority to draw their portion of said dividends, and as coupons shall be thus taken 
up, they shall be cancelled in like imwmcr pro rid rd fur the cancellation of the bonds : yrovided, 
however. That in case any holder of a bonil with interest due thereon from the 1st of January, 
IHOJ, shall be willin<j to exchanfje his bond and interest for the like amount of slock and 
such dividends as may be due, then said county jiulfj^e shall make said e.\chauge and deliver 
the necessary transfers; all of which shall be reported as aforesaid. 

Sec. 3. Be it further enacted, That this act shall lake ert"ect from and after its passage. 

WILLIAM HELSKELL, 
Speaker of the House of Representatives. 
SAMUEL K. KODGEKS, 

Speaker of the Senate 

Passed June 7, 1865. 



CHAPTEK XXVI. 

AN ACT to accept the surrender of the charter of the Bank of Middle Tennessee, and for 

other purposes. 

Section 1. Be it enacted hy the general assembly of the State of Tennessee, That the sur- 
render of the charter of the Bauk of Middle Tennessee, at Lebanon, lie accepted, and that 
the stockholders in said bauk have three years to settle or liquidate the business ; and that 
all persons holding the notes of said bank shall present them to said bauk for payment within 
three years, or afterwards they will be barred ; that said stockholders shall have all the privi- 
leges conferred by their charter which are necessary to the collecting the debts and licjuidatiug 
said bank, and that said bank be exempted from the tax imposed by its charter during the 
three years granted by this act. 

Sec. 2. Be it further enacted. That no bauk in this State shall be employed to act as a 
fiscal agent of the State whose president aud cashier and directors have not been since the 
beginning of the rebellion, and are now, unconditional Union men. 

Sec. ;?. Be it further enacted. That all stock banks in this State shall be allowed to sui'- 
render their charters upon the same terms, aud have the same time allowed them in which to 
■wind up their business as is allowed by this act to the Bank of Middle Tennessee : Provided, 
That each application shall be accompanied by a special exhibit of the bank, showing its 
ability to meet all its liabilities. 

Sec. 4. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. KODGEKS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTEE XXVII. 

AN ACT to repeal the law apportioning money to division fairs and county societies 

Section 1, Be it enacted by the general assembly of the State of Tennessee, That section 284 
of article 3, chapter 4, title 3, of the code be, and is hereby, repealed. 

Sec. 2. Be it further enacted. That section 296 of article 4, chajitcr 4, title 3, of the code 
be, and is hereby, repealed. 

Sec. 3. Be it further enacted. That no money shall be paid out of the treasury- for any an- 
nual appro]iriation to division fairs and county societies that may be due them, or which they 
may claim for any jiast year or years; and that this act shall take etlect from aud after its 
passage. 

WILLIAM HEISKELL, 

Speaker of the House of liepresentatives. 

SAilUEL K. KODGEKS, 

Speaker of the Senate. 
Passed June 8 18G5. 



ADMISSION OF TENNESSEE. 37 

CHAPTER XXVIII. 

AN ACT to supply lost deeds and title papers. 

Whereas, under tte casualties of war, many of the records belonging to the several offices 
■>f the registers of the different counties in the State have been lost and destroyed, and it is 
necessary to preserve, as far as possible, the muniments of title to land: Therefore, 

Be it enacted by the general assembly of the State of Tennessee, That the present or any sub- 
sequent owner ol land in this State may, for the purpose of perpetuating the evidence of his 
title to his land, carry to any of the registers of the counties in this State where his laud or 
lands are situated the original conveyances which may be in his possession, or the possession 
of any one else, and have the same recorded by said register in the register's books, together 
with the certificate attached to said original conveyances showing that it had been previoiisly 
duly registered ; and if the owner of the laud should be informed of the existence of auy original 
conveyance in the possession of any third party who will not voluntarily produce it for regis- 
tration, then the register, on the application of the owner of the land in writing, may cause a 
subpoena duces tecum to issue to compel the holder to produce said deed or conveyance, so that 
it may be registered for the security of the title of the claimant or owner. The register shall 
receive the same fees as now fixed by law for similar services, to be paid by the applicant. 
And this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXIX. 

AN ACT to modify the oath prescribed for liquor dealers. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the oath 
prescribed in article 6, section 691, of the code be, and is hereby, so amended as to read as 
follows, to wit : 

"I do solemnly swear (or affirm) that I will not, under the license which I am about to 
obtain, knowingly permit or connive at any gaming for money, or any other valuable con- 
sideration, in the house in which I may retail spirits, or in any other place of which I may 
have control, either directly or induvctly ; and if any person should game or bet to my 
knowledge, (and I will exercise due diligence to know,) I will give information thereof to 
the grand jury of my county at the next term of the court: So help me God." 

Sec. 2. Beit further enacted, That all persons now holding license under said section (691) 
may return the same to the clerk of their respective county courts, and demand in lieu there- 
of (on payment of the usual clerk's fee for a new license) a license for their unexpired time, 
in conformity with this act. 

Sec. 3. Be it further enacted. That so much of said section as is in conflict with this act be, 
and the same is hereby, repealed. 

Sec. 4. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of liepresmtatives. 
SAMUEL R. RODGERS, 

Passed May 8, 1865. Speaker of the Senate. 

CHAPTER XXX. 

AN ACT to release the citizens from paying the State and county taxes for the years 1862, 

1863, and 1864. 

Section 1. Beit enacted by the general assembly of the State of Tennessee, That the people 
of the State of Tennessee be, and are hereby, released from the payment of the State tax for 
the years 1862, 1863, and 1864 : Provided, that nothing in this act shall be so construed as to 
refund to the people any taxes already collected for said years. 

Sec. 2. Be it further enacted. That the county courts of the respective counties in this State 
may release the people of their counties from the payment of the county taxes for the years 
specified in the first section of this act : Provided, Nothing in this section shall be so construed 
as to refund any county taxes already collected. 

Sec. 3. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS^ 

Speaker of the Senate 
Passed June 8, 1865. 



38 ADMISSION OF TENNESSEE. 



CHAPTER XXXI. 

AN ACT to amend "An act to reform and regulate banking in Tennessee," passed February 

6, IHGO, 

Section 1. Be it enacted hy the general assoiihly of the State of Tennessee, That the 32d 
seetiou of said act bi' so anicntled as tliat tiu- suncniler of ehartcis of banlcs tiicrcin )iiovided 
for may bi' mad(^ to tiie governor of the State of Tennessee, at any time wh(;n the li'gislature 
of said State is not in session, and that sucli surrender shall be, to all intents and purposes, 
as good and valid as if made to the legislature. 

Sk(\ 2. Be it further enacted, That the same jirivileges mentioned in the first section of 
this act are conferred upon all stock ])anks in the .State, and each and every bank in tiie State 
is hereby authoiizcd and empowfred to make an assignment of the effects of said bank or 
])anks, to any trustee or tiustees, receiver or otlierwise : Provided, That said assignment is 
made so as to give the pri'ference to the bill-holders thereof, over all other creditors of such 
bank or association: And provided. The assets so transfened and assigned are made secure 
in the hands of the trustee, receiver, or agent. 

Skc. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of lieprfs) ntatives. 

SAMUEL II. KOIX^EKS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXXII. 

AN ACT to declare and make valid certain acts of certain officers of this State. 

Sec. 1. Be it enacted by the general assembly of the State of Tennessee, That all process, 

original, mesne or final, issued since the first day of September, 1863, by clerks de facto, act- 
ing in good faith, of the county, circuit, or chanceiy courts, holden under the tnie and lawful 
government of the State, or under authority of the United States, be, and is hereby declared, 
good and valid in law. 

Sec. 2. Be it farther enacted. That all process issued from said courts, since said period of 
time, served or executed by any sheriff, coroner, or constable de facto, and acting in good 
faith, be, and is hereby, declared to be legally served and executed in law, and shall be lield 
good and valid in law : Provided, No execution of any order, judgment or decree, or sale 
thereunder, shall be deemed or taken to be good or valid in law, unless said court had juris- 
diction thereof, and said order, judgment or decree, or sale thereunder, was valid and 
binding in law. 

Sec. 3. Be it further enacted, That the governor of the State be, and is hereby, authorized 
to commission all officers elected in the countyof Carroll, xinder the proclamation of Andrew 
Johnson, militarj' governor of the State of Tennessee, on the first Saturday in March, 1864, 
and that the county and circuit courts of said county take all proper bonds of th said 
officers, and qualify them according to law. 

Sec. 4. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of lieprcsentatives. 
SAMUEL R. RODGEKS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXXIII. 

AN ACT to provide for the payment of the governor's stafT. 

Be it enacted by the general assrnibly of the State of Tennessee, That the comptroller of the 
State shall keej) an account with the offieers composing the goviM^nor's stafi", and shall settle 
with them every two months, and shall issue his warrant upon the treasvirer for the amount 
due them from time to time ; and that this act shall take effect from and after the date of its 
passage. 

W^ILLIAM HEISKELL, 
Speaker of the House of Jieprfsentatircs. 
SAMUEL R. RUlKiERS, 

Speaker of the Senate. 
Passed June 9, 1865. 



ADMISSION OF TENNESSEE. 39 

CHAPTER XXIV. 

AN ACT to apportion the representation in the Congress of the United States. 

Section 1. Be it enacted hy the general assembly of the State of Tennessee, That the conn- 
ties of Johnson, Carter, Sullivan, Washington, Hawkins, Hancock, Green, Cocke, Jeffer- 
son, Granger, and Sevier shall compose the first congressional district of this State. 

The counties of Claiborne, Union, Knox, Campbell, Scott, Morgan, Anderson, Blount, 
Monroe, Polk, McMiun, Bradley, and Roane shall compose the second congressional district 
of this State. 

The counties of Meigs, Rhea, Hamilton, Marion, Grundy, Bledsoe, Van Buren, Sequatchie, 
"Warren, White, Smith, Cumberland, Putnaui, Jackson, Macon, Overton, DeKalb, and Fen- 
tress shall compose the third congressional district of this State. 

The counties of Rutherford, Cannon, Coffee, Franklin, Lincoln, Bedford, Marshall, and 
Giles shall compose the fourth congressional district of this State. 

The counties of Williamson, Davidson, Wilson, Sumner, Robertson, and Cheatham shall 
compose the fifth congressional district of this State. 

The counties of Lawrence, Wayne, Hardin, Decatur, Perry, Lewis, Maiiry, Hickman, 
Humplireys, Dickson, Montgomery, and Stewart shall compose the sixth congressional dis- 
trict of this State. 

The counties of Benton, Henry, Weakley, Obion, Dyer, Gibson, Lauderdale, Henderson, 
and Carroll shall compose the seventh congressional district of this State. 

The counties of McNairy, Hardeman, Fayette, Shelby, Tipton, Madison, and Haywood 
shall compose the eighth congressional district of this State. 

Sec. 2. Be it further enacted, That sections two, three, and four of an act of the general 
assembly of this State, passed the 2Uth day of February, 1852, entitled "An act to appor- 
tion the representation in the Congress of the United States," be, and the same is hereby, 
revived, and the same shall govern and control all persons therein named. 

Sec. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 9, 1865. 



CHAPTER XXXV. 

AN ACT to secure the funds provided for public education. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the pres- 
ent funds in coin belonging to the Bank of Tennessee be invested by the governor, secre- 
tary of State, and comptroller, in United States or Tennessee bonds, and be subject to future 
legislative control. 

Sec. 2. Be it further enacted, That the governor, secretary of state, and comptroller of 
the State be authorized to employ such agencies as they may deem necessary for the pur- 
pose to investigate into the assets of the Bank of Tennessee, and to ascertain and schedule 
the amount and value thereof; and that the sum of ($1,500) fifteen hundred dollars, if so 
much be necessary, be, and it is hereby, appropriated, out of the treasury of the State, to 
meet the services provided for by this section. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 9, 1865. 



CHAPTER XXXVI. 

AN ACT to pay the current expenses of this session of the general assembly, and for other 

purposes. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the comp- 
troller of the treasury issue his warrant to each member of the senate and house of repre- 
sentatives for the sum stated to be due to each in the annexed report of the committee on 
finance. 

Sec. 2. Be it further enacted, That the comptroller issue his warrant to the officers of the 
senate and house of representatives, viz : To E. P. Cone, principal clerk, senate, 71 days, 
$426; H. G. Flagg, engrossing clerk, senate, 71 days, $426; G. 0. Cate, doorkeeper, senate, 
71 days, $284 ; H. W. Barr, messenger, senate, $64 ; James T. Shelley, principal clerk, 



40 ADMISSION OF TENNESSEE. 

Louse of reprcsputativps, 38 days, $228; E. A. James, ririucipiil clerk, house of representa- 
tives, ;W days, §liH; Joseph P. Galliraith, assistant elcrlc, liouse of representatives, 71 davs, 
$426; G. W. IMacklmru, entrrussiiii:^ clerk, house of representatives, 71 days, $420; A. Hill, 
doorkeeper, house of rcpn'sintutives, 71 days, $2Si ; J. L. Martin, assistant doorkeeper, 
Louse of representatives, 71 days, §294. 

Sec. :?. Be it further enacted, Tiiat the comptroller of the treasury issue his wanants to 
the following persons for stationery, Ac, &c.: To John Wallace ct Co., ninetj'-one dollars; 
to Thomas ^^ ells, three hundred and tifty-iive dollars and fifty cents ; to William T. Berry 
&, Co., four hundred and fifty-one dollars and sixtj'-Hve cents. 

Sec. 4. Be it further enacted. That the c(ini]itr()ller issue his warrant to Samuel R. Rod- 
g-ers, s]>eaker of the senate, for the benefit of Alirahani Smith, a free man of color, for at- 
tending to the M'ater-closet durinp the session, for the sum of two doUars per day. 

Sec. fi. Be it further enacted, That the comptroller of the treasury' issue his warrant to 
Sanniel R. Rudfrcrs, speaker of the senate, for two hnndred and eighty-four dollars for the 
services of David Skaggs, for attending in the senate as porter and messenger, seventy-one 
days. 

Sec. 6. Be it further enacted, That the comptroller of the treasury issue his warrant to 
William Heiskell, speaker of the house of representatives, for the sum of one hundred and 
forty-tAvo dollars; and two hundred and thirteen dollars for the services of Biyce B. Rouls- 
ton and Buck Lewis, for attending upon the house of representatives. 

Sec. 7. Be it farther enacted. That the i)rincipal clerk of the senate shall remain a suffi- 
cient time after the adjournment to file the papers of the senate in the ofhce of the secretary 
of State, and close his husiness, for which he shall be allowed his per ilicm ; and that tlie 
said clerk be allowed thirty cents per j>ag(! for copj'ing the unfinished journal, and that the 
comptroller issue his warrant for the same. 

Sec. 8. Be it farther enacted, That E. A. James, principal clerk of the house of represent- 
atives, shall remain a sufficient time after the adjournment to file the papers of the liouse of 
representatives in the office of the secretary of State and close his business, for which lie 
shall be allowed his per diem , and that the said clerk be allowed thirty cents per page for 
copying the unfinished journal, and that the coni])troller issue his warrant for the same. 

Sec. 9. TJfi i</«rtA€r cHwc^erf, That the comi)trolIer issue his warrant and pay the several 
publishers of the city papers for the papers actually furnished the general assembly and laid 
upon the tables of each member every day of the session, at the current subscription price of 
the same : Provided, Said ])ayment shall be in accordance with a resolution passed by the 
present session of the general assembly regulating the number of papers each member shall 
receive at the expense of the State. 

Se(;. 1(J. Be it further enacted. That the comptroller of the treasury issue his warrant to 
cover the cost and expenses of sundry articles furnished for the use of the capitol, ordered 
by his predecessor. 

Sec. 11. Be it further enacted. That the secretary of state cause one copy of the acts and 
journals of the present general assembly to be bound for each member of both the houses and 
the officers of the same, and distribute with the other acts and journals. 

Sec. 12. Be it further enacted, That the comptroller issue his warrant to E. P. Cone, priu- 
cii)al clerk of the senate, and E. A. James, jiriucipal clerk of tli(^ house of representatives, 
for fifty dollars for preparing an index to senate journal, and fifty dollars for preparing an 
index to house journal of the present session of the legislature. 

Sec. 13. Be it further enacted. That the governor and comptroller of the treasury examine 
the accounts of job printing executed for the general assembly, and ])ay the same according 
to the rate specified by law, out of any money in the treasury not otherwise appropriated. 

Sec. 14. Be it further enacted. That the sum of one thousand dollars be allowed the treas- 
urer for the pur|)ose of procin-ing necessary office furniture for the presei"vation of the records 
of his office, and that the comptroller issue his warrant lor the same. 

Sec. 13. Be it further enacted. That the comptroller of the treasury issue Lis warrant to 
E. A. James for two hundred and fifty dollars for extra clerk-hire. 

Sec. 16. Be it furthor enacted, That the comptroller issue his warrant to the treasurer for 
the sum of one hundred dollars jier annum, as compensation for preserving the furniture of 
the senate chamber and the house of representatives. 

Sec. 17. Be it further enacted. That the comjitroller of the treasury issue his warrant to 
William Heiskell, for the use of th<' family of Samuel M. McCamnion, elected as a member 
of the liouse of representatives, who came to Kashville to take his seat from Kuoxville, but 
died without doing so, for eighty-three dollars and fifty cents, for Lis mileage from Kuox- 
ville, a distance of five hundred and twenty-two miles. 

Sec. 18. Be it further enacted, That the comi)troller issue his wan-ant to the NasLville Gas- 
light Company for anj- amount due them for gas furnished at the cai)itol. 

Sec. 19. Be it further enacted. That the sum of ten thousand dollars be, and the same is 
Lerebj', appropriated for the purpose of purchasing material for the pristuiers in the peniten- 
tiary, so as to enable the keeper and inspectors to put them to work, and for the payment of 
the necessary expenses of said ])enitentiary, and that they report to the general assembly as 
to Low the money Las been expended, and tLe treasurer pay the auiount so appropriated out 



ADMISSION OF TENNESSEE. 41 

of any money in the treasury not otherwise appropriated, and that the inspectors receive five 
dollars per day for each and every day when enj^-aged in the performance of their duties. 

Sec. 20. Be it further enactnd, That the further sura of twenty thousand dollars be, and 
the same is hereby, appropriated for the expenses and support of the Tennessee hospital for 
the insane for the current year, in addition to the sums received from pay patients of that 
institution. 

Sec. 21. Be it further enacted, That the comptroller, under the supervision of the gov- 
ernor of the State, take and state an account of the receipts and disbursements of the super- 
intendent of the blind school, and on the exhibition of vouchers of a properly authenticated 
character, and upon being entirely satisfied that a balance is due said superintendent, the 
comptroller issue a warrant upon the treasurer for the same, not, however, to exceed the 
sum of eleven hundred dollars. 

Sec. 2'2. Be it further enacted, That the sum of five thousand dollars is hereby appropri- 
ated for the repairing- and putting into operation the deaf and dumb school at Knoxville, said 
appropriation to be under the direction of the governor and the loyal trustees of said institu- 
tion ; and the comptroller shall issrre his warrant upon the treasurer, from time to time, for 
such sums as the governor and said trustees may direct. 

Sec. 23. Be it further enacted. That the comptroller examine the accounts of Sampson & 
Co., for coal furnishedthe general assembly, and, under the supervision of the governor, issue 
his warrants for any amounts due them. 

Sec. 24. Be it further enacted, That the secretary of state be, and is hereby, authorized 
to employ a porter to the capitol, at the rate of two dollars per day, to hold his office at the 
pleasure of the said secretary ; that the comptroller issue his warrant to said employe, from 
time to time, for the amounts due him, upon the certificate of the secretary of state. 

Sec. 25. Be it further enacted. That the comptroller issue his warrant to A. J. Adams for 
one hundred and forty dollars, for his services as assistant engrossing clerk, for thirty-five 
days, at four dollars per day. 

Sec. 2fi. Be it further enacted, That the comptroller issue his warrant to George O. Gate, 
doorkeeper of the senate, for one hundred dollars, for performing the duties of messenger of 
the senate. 

Sec. 27. Be it further enacted. That the comptroller of the treasury issue his warrant to 
Cone &. Tunnell, for thirteen hundred and two dollars and forty -six cents, for stationery fur- 
nished the two houses of this general assembly. 

Sec. 28. Be it further enacted. That the secretary of state be, and is hereby, authorized 
to furnish the adjutant general and quartermaster's offices with necessary stationery to carry 
on the business of said offices ; and the comptroller shall issue his wan'ant, from time to 
time, to the treasurer of the State, for the necessary amounts to pay for said stationery. 

Sec. 29. Be it further enacted. That the comptroller issue his warrant to Stokely, a colored 
man, for services in waiting on the senate, for the sum of seventy-four dollars. 

Sec. 30. Be it further enacted. That the comptroller issue his warrant for the sum of six- 
teen hundred and twenty-three dollars and eight cents, for repairs and other expenses. 

Sec. 31. Be it further enacted. That the comptroller issue his warrant to A. J. Fletcher, 
secretary of state, for ninety dollars, for clerk hire. 

Sec. 32. Be it further enacted. That the board of trustees of the Tennessee hospital for 
the insane shall audit and examine the accounts outstanding against said institution, 
counted from the J 4th day of March, 1862, up to the time W. P. Jones was made and_ ap- 
pointed superintendent ; and the accorints, when so ascertained, shall, upon the order of the 
chairman ot the board of trustees, be paid ; and the comptroller shall issue his warrant for 
the same, to be paid out of any money in the treasury not otherwise appropriated. 

Sec. 33. Be it further enacted, That section twelve of an act passed January 19, 1838, 
entitled "An act to establish a State bank to raise a fund for internal improvements and to 
aid in the establishment of a system of common schools," be, and the same is hereby, re- 
pealed. 

Sec. 34. Be it further enacted. That section 2807 of the code is hereby repealed. 
Sec. 35. Be it further enacted. That Willis Grantham be allowed the sum of one hundred 
and forty-one dollars and sixty cents, being his mileage and per diem, as contestant for a 
seat in the house, up to the 12th April, 1865, and that the comptroller issue his warrant, and 
the treasurer pay the same. 

Sec. 36. Be it further enacted. That the comptroller be ordered to issue his warrant for the 
sum of two hundred dollars, for mileage and per diem to the 13th April, 1865, to Samuel 
Tigh of Shelby county, while contesting his seat in this body. 



42 



ADMISSION OF TENNESSEE. 



Report of lite Committee o)i Finance, sJioiving the mileage and per diem allow- 
ance of the inemhers of the Senate and House of Representatives at the first 
session of the 34^/* general assetnhly, and the aggregate amount of each. 



Names of senators aud representatives. 



SENATORS. 



Butler, R. R 

Bosson, WilJiam 

Boweu, John W 

Gate, A. M 

Cypert, Tliomas .J 

Case, Aliiion 

Frazer, Z. W 

Frierson, J. B 

Hurst, Fielding 

Hall, W. K 

Keith, G. W 

Lasater, Robert E 

MeKiuney, C. J 

MeEhvee, Thomas B.... 

Muse, Thomas A 

Nun, David A* 

Peart, B. R 

Ramlolph, J. H 

Senter, D. W C 

Spenoe, William 

Smith, J. W 

Trimble, John 

Wiseuer, W. n 

Rodgers, S. R., speaker. 
Vincent, Myers 



REPRESENTATIVES. 



Anderson, G. W 

Arnell, 8. M 

Barton, William 

Bond, William P** ... 

Brittle, Gilbert 

Cowart, R. H , 

Coojier, Ed 

Cruteiilield, Thomas* 

Copelaud, W. J 

Carter, 8. J 

Dillen, Joseph R 

Duggnn, Wilson 

Donaldson, J. II 

Dowdy, Rul'us 

Doughty, James A. - . 

Elliott, W.Y 

Fuson, John A 

Faulkner, Asa 

Gaut, Jesse H 

Grove, G. H 

Gillem, A. C 

Garner, W. A 

Gilmer, Jeremiah 

Gaines, G. W 

Garrett, A. E 

Griffith, Samuel E .. 

Grimmctt, W. A 

Hood, James R 



No. of 
days. 



71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 



71 
71 
71 
71 
71 
71 
71 



33 



Per 

diem. 



,«!-284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 



284 

284 
284 
284 
284 

284 
284 



284 
284 
284 



284 
284 
284 



284 
284 
132 
284 
284 
12U 
284 
284 
284 
284 
284 
284 
CO 
284 
284 
284 
284 
284 
284 
284 



Miles trav- 
elled. 



5G0 
85 
100 
342 
800 
700 

lOG 
1,000 
900 
620 
120 
6(50 
412 
424 



130 

570 

576 

60 

1,000 



126 

"620' 



200 
100 

88 



90 
560 
126 



390 



600 
600 
400 
320 
560 
60 
120 
150 
360 
596 



Mileage. 



189 60 

27 20 

16 00 

54 72 

128 00 

112 00 

8 00 

16 96 

KiO 00 

144 00 

99 20 

19 20 

105 60 

65 92 

67 24 



20 80 

91 20 

95 36 

9 60 

160 00 



20 16 
"99 '26' 



32 00 
16 00 
14 08 



14 40 

87 60 
20 16 



52 40 



96 00 
96 00 
64 00 
51 20 
89 60 
9 60 
19 20 
24 00 
57 60 
95 36 



180 
120 
446 
240 
720 
90 
302 



28 80 
19 20 
7] 36 
38 40 
115 20 
14 40 
48 32 



Total am't. 



' Did uot take bia seat. 



ADMISSION OF TENNESSEE. 
Report of the Committee on Finance — Continued. 



43 



Names of senators and representatives. 



Henderson, J. M . . . 
Hermans, Theodore . 

Hudson, Joseph 

Inman, Charles 

Jones, Tiirney 

Jones, James 

Jarvis, L. M 

Kercheval, T. A 

Maxwell, Thomas .. 

McNair, J. E 

Minnis, J. B 

Mason, Thomas G . . 

Mulloy, J. S 

Mullunix, William.. 

Moss, A. W 

Melton, James M 

Mullins, James 

Norman, John 

Nicks, A. D 

Puckett,I. N 

Porter, John 

Pearson*^ 

Rogers, Reuben 

Raulston, R. S 

Ryder, M. T 

Richards, P. S 

fehultz, J. R 

Simmons, W 

Smith, W.J 

Smith, F. A 

Steele, Abner A 

Suodderly, A. A 

Simmerly, E 

Steagald, John 

Scales, William 

Thornburgh, D. G.. 

Tighe, Samuel 

Thomas, J. F 

Thomas, Dorsey B. . 

Underwood, C 

Williams. Pleas 

Willis, W. W 

Wagner, Joseph 

Waters, Wallace 

Warren, S. L 

Waters, Wilson L . . 

Wines, W^illiam 

Woodcock, W. M... 

Wright, William 

W^oods, James 

Walker, John P 

Woods, W. W 



No. of 
days. 



71 
71 
71 
17 
35 
71 
71 
71 
71 
71 
71 
71 
71 
43 
71 
71 
71 
71 
71 
71 
71 



71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 
71 



71 
71 
71 
71 
71 
71 
71 
71 
71 
7] 
71 
71 



Per 

diem. 



284 

284 

68 

140 

284 
284 
284 
284 
284 
284 
284 
284 
172 
284 
284 
284 
284 
284 
284 
284 



284 
284 
284 
284 
284" 
284 
284 
284 
284 
284 
284 
284 
284 
284 
40 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 
284 



284 



Miles trav- 
elled. 



108 
50 
600 
624 
672 
650 
180 
800 
800 
572 
472 
90 
744 
36 
600 
126 
500 



110 

800 



606 
252 

1,000 

1,000 
640 
164 

1,100 
550 
130 
580 
760 
744 
300 
572 

1,000 
140 
134 
500 
774 
660 
822 

1,196 

240 

90 

130 

150 

52 



370 



Mileage. 



66 88 

17 28 

8 00 

96 00 

99 84 

107 52 

104 00 

28 00 

128 80 

128 00 

91 52 

75 52 

14 40 

119 04 

5 76 

96 00 

20 16 

80 00 

11 20 

17 60 

128 00 



96 36 

40 32 
160 00 
160 00 
102 40 

26 24 
176 00 

88 00 

20 80 
92 80 

121 60 

159 04 
48 00 
91 52 

160 00 
22 40 

21 44 
80 00 

123 84 

105 60 

131 52 

191 36 

38 40 

14 40 

20 80 

24 00 

8 32 



59 20 



Total am't. 



301 28 
292 00 
164 00 
239 84 
391 52 
388 00 
312 80 
412 00 
412 00 
275 52 
359 52 
298 40 
191 04 
289 76 
380 00 
304 16 
364 00 
295 20 
301 60 
412 00 



380 36 
324 32 
444 00 
444 00 
386 40 
310 24 
460 00 
372 00 

304 80 
376 80 
405 60 
403 04 
332 00 
375 52 
200 00 
306 40 

305 44 
364 00 
407 84 
389 60 
415 52 
475 36 
322 40 
298 40 
304 80 
308 00 
292 32 



343 20 



■ Did not take his seat. 



Passed June 10, 1865. 



WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 



44 ADMISSION OF TENNESSEE. 



CHAPTER XXXVII. 

AN ACT to cluiuge tlie eleventh, twelfth, autl fourteenth iudicial circuits of this State, and 

for other purposes. 

Sep. 1. Be it enacted bij the general asscmhiy of the State of Tennessee, That the counties of 
"Wayne, Hickman, Perry, Decatur, Henderson, AIcNair}-, and Hardin sliall compose the 
twelftli judicial circuits; tiiat tiie counties of Liiwrence, Giles, Maury, Lewis, and Marshall 
siiall couijiose the eleventh judicial eireuit; and that the circuit courts in the cininty of I^aw- 
rence shall hereafterlie licld on the fourth Mondays in February, June, and October, and 
that the counties of Haywood, and Madison shall bo attached to the fifteenth circuit ; and 
the fourteentli judicial circuit is licreby alxiiishcd. 

Skc. 2. Be it further enacted. That hereafter the circuit courts for the twelfth circuit shall 
he holdcn as follows: In Henderson county, first Mondays in March, June, and Seiitember; 
McNaiiy, second Jlondays in March, June, and Bciitember; Hardin, third Mondays in 
Marcii, June, and Septend)er; "Wayne, fourtli Mondays in Marcli, June, and Sejitemher; 
Hickman, fourth Mondays in April, July, and October; Decatur, tirst Mondays in May, 
Aufjnst, and Novenilicr. 

Sec. 6. Be it further enacted, That this act shall take effect from the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of liepresentatives. 
' SAMUEL R. ROGERS, 

Speaker of the Senate. 

Passed June 10, 18C5. 



Private acts. 
CHAPTER I. 



AN ACT for the benefit of J. G. Frazier, clerk of the supreme court for the middle district 

of Tennessee. 

Be it enacted by the general assembly of the State of Tennessee, That the treasurer of the 
State of Tennessee pay to J. G. Frazier the sum of two hundred dollars, out of any money ia 
the treasuiy not othei-wise appropriated. This act to take effect from and after its" passage. 

WILLIAM HEISKELL, 
Speaker of the House of liepresentatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed May 1, 1865. 



CHAPTER IL 

AN ACT to incorporate the East Tennessee Iron, Coal, and Petroleum Company. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That John Cald* 
veil, John Baxter, W. R. Patterson, L. S. Trowbridge, and R. H. Armstrong, and their 
associates, successors, and assigns, be, and they are hereby, constituted a body politic and 
corporate, by the name and style of the East Tennessee Iron, Coal, and Petroleum Company, 
and by that name shall have succession for ninety-nine years, and shall be competent to sue 
and be sued in any court of equity or law whatever; to have and use a common seal, and to 
alter the same at pleasure : to establish and change any by-laws for the government of said 
company ; to purchase, hold, and dispose of such real estate, leases, mines, minerals, iron, 
coal oil, and personal ])roperty, as may be necessary for the legitimate transaction of their 
business; to mine, forge, roll, smelt, work, manufacture, refine and vend said minerals, coal, 
iron, oil, and products thereof, and issue such niunbers of shares of the stock of said com- 
pany, at the repriisentative par value tiiereof, as may l)e ordered liy a vote of said company, 
to determine tlu^ par value of shares, and have the right to pay in shares of stock of the cor- 
poration for such mining interest or interests in all real estate, as may be necessary to pur- 
chase or lease for the o])eration of the works of the company; and generally to have, enjoy, 
and exercise all riglits and privileges incident to coi-porations, except the right to issue notes 
or engage in banking. 

Sec. 2. Be it further enacted. That whenever said company shall become possessed oi 
mines or minerals, lands or leases, iron, coal or jietroleum, i)r leases, situated in this State, or 
elsewhere, a separate and distinct interest of each mine, bed, field, vein, or deposit, or lease, 



ADMISSION OF TENNESSEE. 45 

may be created under some name to distinguish the same, and in like manner may organize 
under and enjoy, as a distinct branch interest, all the rights and privileges named in the first 
section of this act. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. KODGEHS, 

Speaker of the Senate, 
Passed May 12, 1865. 



CHAPTER III. 

AN ACT to incorporate the Raulston Oil and Salt Company. 

Section L Be it enacted by the general assembly of the State of Tennessee, That Hugh L. W. 
Raulston, George F. Smith, D. H. Throup, J. M Judson, Samuel Cauby, D. T. Cockrill 
S. H. Judson, Charles B. Ingles, and R. S. Raulston, and their associates, successors and 
assigns, be, and they are hereby, constituted a body corporate and politic, by the name and 
style of the " Raulston Coal, Iron, Oil and Salt Company," and by that name and style 
shall have succession, with power to contract and be contracted with, sue and be sued in 
that name in all courts and places ; to have a common seal; to engage in mining and boring 
for petroleum or rock oil, salt water, and other valuable minerals ; and with manufacturing, 
reiiuing, and selling oil, salt, and other products of said business, and of the lands owned, 
or which may hereafter be owned by them, in this State ; to hold their meetings, and trans- 
port and sell their oil, salt, and other products, within or without the State, and to have all 
other powers needful and proper for the successful prosecution of the business, and for the 
execution of the power herein granted. 

Sec. 2. Be it further enacted, That said corporation may organize said company by the 
appointment of a president, and such other officers and managers as they may deem neces- 
sary, at such times and places as they may designate by notice previously given, and when 
thus organized, the said company shall have power to make such by-laws, rules and regula- 
tions as they may deem necessary from time to time for the government and prosecution of 
the business of said corporation, not inconsistent with the Constitution and laws of the 
United States and of this State. 

Sec. 3. Be it further enacted. That the capital stock of said company shall be two hun- 
dred.and fifty thousand dollars, and that said company shall have jiower to increase the same, 
from time to time, not exceeding one million dollars. 

Sec. 4. Be it further enacted, That said company may buy, lease, or rent, any suitable 
lands, mines, oil, or salt rights and privileges, rights of way, and other property necessary 
for their business, and may dispose of the same, or any portion of it, by sale or otherwise. 
They may receive real estate, households, mining, and boring rights, and rights of way, in 
payment of such part of subscription as they may deem advisable. Said company may erect 
and build on any of the lands such buildings, engines, machinery, and fixtures, as may be 
deemed convenient and proper for carrying on and conducting the business of said corpora- 
tion. 

Sec. 5. Be it further enacted, That this charter shall expire or cease at the expiration of 
ninety-nine years after its passage, and the right to repeal, alter, or amend this charter, is 
reserved to the general assembly. 

Sec. 6. Be it further enacted, That this corporation shall be subject to such taxes as may 
be imposed upon similar corporations in this State. 

Sec. 7. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker oj the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed May 25, 1865. 



CHAPTER IV. 

AN ACT to develop the various oil and mineral interests of the State of Tennessee, and 

for other purposes. 

Sec. 1. Be it enacted by the general assembly of the State of Tennesee, That D. C. Trewhitt, 
James R. Hood, Thomas W. Yarley, P. M. Ferrington, John A. Spooner, A. A. Pearson, 
Edward S. Jones, William E. Merrill, George D. Emerson, and Freenun'tou Young, who 
now constitute a voluntary association under the name and style of "The East Tennes- 
see Petroleum Company," and their successors, be, and are hereby, incorporated a body 
politic, under the name and style of "The East Tennessee Petroleum Company," under and 



46 ADMISSION OF TENNESSEE. 

by wli'uli naiui' siiiil botly politic shall trausnct its Lusinoss, and liy wliicli namo said corpo- 
ratiou .sliail be kuowu, sue and be sued, plead and be impleaded, and shall have a couiuiou 
seal. 

Sf.c. 2. Br it further enacted, That said corporation, as such, is hereby freely authorized 
and (♦inixnvcn'd to acipiire by lease or purcliase any and all siicli lands and niint^ral interests 
lor tiie ])urp(ise of raising, producing, and manufacturing i)etroIeuni, coal, iron, salt, silver, 
copper, and any and every other valuable mineral within the State of Tennessee and such 
other i)]aces as said conii)any nuiy deem to their interest : and do and perform any and all 
such other acts and things as may be necessary and expedieut to prosecute successfully the 
business of said corporation. 

Si'.c. ;}. Be it further enacted, That said conipanj- shall also have power, for the government 
of said com))any and its business, to elect one i)rcsideut and such other oflicers as said com- 
pany may desire and deem expedient, and prescrilje their quaiiticatiou and term of ollice. 

Skc. 4. Be it further enacted. That the i)rincipal office of said company shall be at Chatta- 
nooga, with power vested in the company to establish such branches at such other places as 
they may direct, and also to change tiie principal office of the company at such time and to 
such otiier j)lace as the directors or the company may desire. 

Sec. 5. Be it further enacted, Tiiat the ca])ital stock of said company shall be one million 
dollars, divided into one hundred thousand siiares of ten dollars each. This company sliall 
have and is hereby invested with power to make such by-laws, rules, and regulations, con- 
sistent witii the charter, as they may see proper for the government and control of the com- 
pany. The company has power to reopen books for subscription and sale of stock, and 
other ])iu))oses, at sncli times, places, and manner as tlie directors may direct, and may make 
sucli sales and transfers of stock as the directors of the company may direct. 

Skc. G. Be it further enacted. That this company shall have power to increase the capital 
stock of tiie company to any amount, and at any time the company may desire to do so, to 
the extent of live million dollars. 

Sec. 7. Be it further enacted. That this corporation franchise and privilege shall continue, 
be, and exist for the period of ninety-nine years to the persons above named as incorporated 
and their successors. 

Sec. 8. Be it further enacted. That the property and effects and vested rights of the several 
parties herein incorporated as they exist under said voluntary association are hereby trans- 
ferred to and secured to this corjioration. 

Sec. y. Be it further enacted. That the stockholders are, jointly and severally, individually 
liable, at all times, for all moneys dut and owing to their laborers, employes, and aiJiireu- 
tices, for services performed for such corporation. 

8ec. ]0. Be it further enacted. That this corporation shall be subject to such taxes as may 
be imposed on similar corporations. 

Sec. 11. This act to take effect from and after its passage. 

WILLIAM IIEISKELL, 
Speaker of the House of Representatives. 
SAMUEL K. EODGEKS, 

Speaker uf the Senate. 

Passed May 30, 1865. 



CHAPTER V. 

AN ACT to incorporate the Bridgeman Oil and Salt Company. 

Section 1. Be it enacted hy the general assemhly of the State of Tennessee, That Benjamin F. 
Bridgeman, David Clege. and their associates, successors and assigns, be, and they are 
hereby, constituted a body corj)orate and ]iolitic, by the luinie and style of " Bridgeman Coal 
Oil and Salt Company," and by that name and style shall have succession fur ninety-nine 
years, witli j)ower to contract and be contracted with ; sue and be sued in that name in all 
coiuts and places ; to liave a common seal ; to engage iu mining and boring for jietroleum or 
rock oil, salt water, and other valual)le minerals, and in the manufactiuing, retining, jire- 
paring for market, transporting and selling oil and salt, and other products of said business, 
and of the lands now owned or which may hereafter be owned by them in this State ; to hold 
their meetings and transj)ort and sell their oil, salt and otlier products within or without the 
State ; and to luive all other powers needful and ]iroj>er for the successful prosecution of their 
business and for the execution of the powers herein granted. 

Sec. 2. Be it further enacted. That said corporation niay organize said company by the ap- 
pointment of a President and such other officers and managers as the}' may deem necessary 
at sucii time and place as they may designate by notice i)reviously given; and wlun thus 
organizetl, the said company shall have jiower to make such by-laws, rules, and regulations 
as they may di'cm necessary from time to time for the govenmient and prosecution of the 
business of said corporation, not inconsistent with the Constitution and laws of the United 
States and of this State. 



i 



ADMISSION OF TENNESSEE. 47 

Sec. 3. Be it further enacted, That the capital stock of said company shall be two huudred 
and fifty thousand dollars, and said company shall have power to increase the same from time 
to time, not exceeding one million of dollars. 

Sec. 4. Be it further enacted, That the said company may buy, lease, or rent any suitable 
lands, mines, oil and salt rig-hts and privileges, rights of way, and other property necessary 
for their business, and may dispose of the same, or any portion of it. by sale or otherwise. 
They may receive real estate, leaseholds, mining and boring rights, and rights of way, in pay- 
ment of such part of subscriptions as they may deem advisal)le. Said company may erect 
and build on any of their lands such buildings, engines, machinery, and fixtures as may be 
deemed convenient and proper for carrying on and conducting the business of said coi-poration. 
Sec. 5. Be it further enacted. That this charter shall expire at the expiration of ninety-nine 
years from its passage, and that the right to repeal, alter, or amend this charter is reserved to 
the general assembly. 

Sec. 6. Be it further enacted, That this act take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL E. RODGERS, 

Speaker of the Senate. 
Passed May 30, 1865. 



CHAPTER VI. 

AN ACT to charter the Tennessee Express Company. 

Sec. 1. Be it enacted by the genera/, asseinhly of the State of Tennessee, That A. Blizard, M. L. 
Phillips, G. W. Ross and their associates, are hereby incorporated as a body politic and in- 
corporate, under the name and style of the "Tennessee Express Company," for the pur- 
pose of carrying and shipping goods, wares, and merchandise, letters and private matter, 
money, or anything else which may be desired of said company to carry, ship, or transport 
on any railroad or railroads in the State of Tennessee or elsewhere. 

Sec. 2. Be it further enacted. That the capital stock of said company shall be ten thousand 
dollars, more or less, as may be necessary to carry out the object of said company, and one 
hundred dollars shall constitute one share of stock in said company ; and so soon as said 
sum of ten thousand dollars shall have been subscribed, the company may meet at such time 
and place as they may deem proper, for the purpose of electing a president, secretary, and 
treasiirer, who shall forever thereafter hold their offices for one year and until their successors 
are elected and qualified ; and by that name shall be capable in law and equity of purchasing, 
holding, selling, leasing, and conveying estate, real, personal, and mixed, so far as the same 
may be necessary for the purposes of said corporation to carry on and conduct the business 
of said company to the advantage of the stockholders ; and by that name may sue and be 
sued and plead and be impleaded, and shall exercise all the powers, rights, privileges, and 
immunities which other corporate bodies may lawfully do for the purposes mentioned in this 
act. 

Sec. 3. Be it further enacted. That the officers mentioned in the second section of this act 
shall be elected by the stockholders of the company, and each stockholder shall be entitled 
to cast one vote in person or by proxy for each share of stock owned by him ; and the presi- 
dent, secretary, and treasurer shall be stockholders of said company ; and the company shall 
have power to make such by-laws and rules as they may deem proper for the government of 
the company and the business thereof, not inconsistent with the constitution and laws of this 
State or of the United States, and shall also have power to use a common seal, and to alter 
or change the same at pleasure. 

Sec. 4. Be it further enacted, That it shall be the duty of said company to keep all such 
books as may be necessary for the transaction of its business ; and all transfers of stock by 
any stockholder shall be made upon the books of said company, for the inspection of all the 
stockholders, and a majority of all the stockholders, including the president, at any meeting, 
shall be competent to act and transact the business of the company. 

Sec. 5. Be it further enacted. That said company shall be deemed and held liable for any 
loss or damage caused by the negligence, carlessness, or wilful misconduct of the same, or 
any of its olficers, agents, or employes, to be recovered by any person aggrieved thereby. 

Sec. 6. Be it further enacted. That it shall be the duty of said company to carry and con- 
vey all goods, wares, and merchandise and packages received by them for shipment, in the 
turn in which the same was received by them, and in default thereof, and loss or damage is 
sustained by the owner of the same, said company shall be held liable for such injury : Pro- 
vided, Such delay or irregular shipment was not caused by the request of the owner of said 
goods or packages or his agent. And said company or agents shall receipt the owner for all 
goods or packages whatever when received. 

Sec. 7. Be it further enacted. That nothing in this act shall be so construed as to give 
banking privileges to said company. 



48 ADMISSION OF TENNESSEE. 

Skc. 8. Be itfiirlhrr enacted. That tlie right to alter, change, or repeal this act is hereby 
reserved to any subsequent legislature. 

Sec. 9. Be itj'urtktr enacted, That this act take efl'ect from and after its passage. 

WILLIAxM HELSKELL, 
Speaker of the House of licprexentativcs. 
SAMUEL li. KODGEKS, 

Speaker of the Senate. 
Passed June 3, ldG5. 



CHAPTER VII. 

AN ACT to incorporate the Memphis Ladies' Institute, of Memphis, Tennessee. 

Section L Beit enacted by the general assembly of the State of Tennessee, That J. D. 
Williams, Mrs. F. P. McGehoe, and Mrs. M. P. Southworth be, and they are hereby, 
constituted a body coiiiorato and i)olitic, under the name and style of "The Memphis 
Ladies' Institute, of Memphis, Tennessee," and shall have succession for a period of ninety- 
nine years, unless said corporation is sooner dissolved ; and shall have all the powers and be 
subject to all the obligations and restrictions incidt-ut to jjrivato corporations, as provided iu 
article 4, chapter '2, and title 'J, of the code of laws of the State of Tennessee. 

Sec. 2. Be it further enacted, That said corporation is hereby authorized to confer such 
literary honors and degrees as are usually conferred by the colleges and universities of. the 
United States, and in testimony thereof to grant diplomas under tlie seal of said corj)oration : 
Prodded, This power and authority shall he under legislative control. 

Sec.;}. Be it further enacted, That iu said institution, and in all literary societies con- 
nected therewith, the Bible shall be the standard of morals, and no officer or teacher shall 
use his or her influence for sectarian or party ends or i)ur|ios(^s. 

Sec. 4. Be it further enacted, That this act shall take efl'ect from and after its passage. 

WILLIAM HELSKELL, 
Speaker of the House of Representatives. 
SAMUEL K. KODGEKS, 

Speaker of the Senate. 

Passed June 5, 1865. 



CHAPTER VIII. 

AN ACT to incoi-porate the Tennessee Colonial Company, for the purpose of promoting 
emigration, to establish vineyards, develop the mineral and other resources of the State 
of Tennessee. 

Section L Be it enacted by the general assembly of the State of Tennessee, That George M. 
Mowbray, of Titusvillc, Pennsylvania; George Wade, of the city of New York; Henry 
Wise, of New Jersey ; A. 15. Shaidilin, and Dr. Hudson of the city of Nashville, Tennessee, 
and their associates and successors, be, and they are hereby, created a body politic and cor- 
porate, by the name and style of the "Tennessee Colonial, Agricultural, Mining, and Mau- 
ufactiu'ing Company ;" and by tliat name shall have succession for nini'ty-nine yi'ars, sue 
and be sued, plead and be impleaded, and generally to do everj' act and thing necessary and 
proper to carry out the provisions of this act, and promote the objects and designs of this 
corporation. 

Sec. 2. Be it further enacted, That the capital stock of said company shall be two hundred 
thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, 
to be divided into shares of fifty dollars each, and the jjcrsons above named shall o])(ii books 
for the subscription of stock, and when fifty thousand dollars shall have been subscribed the 
stockholders may meet and elect five directors, and said directors shall elect one of their 
number president, and also a secretary. 

Sec. :{. Be it further enacted. That the officer.'^ of said company shall be managed by a 
board of directors, consisting of not less than five stockholders, and such agents and ofHcers 
as tliey may ajjpoint. The ])residenf and secretary sliiiil be elected annually by the directors, 
and all viicaneies liap]ieniiig in said boani, or in any (jf said otKci's, may be tilled by the act- 
ing directors for the remainder of the term for which they are elected or ajipointed. The 
board shall establish or change any by-laws for the government of said company, which by- 
laws shall not be inconsistent with the Constitution of the United States, or the constitution 
and laws of the State of Tennessee. 

Sec. 4. lie it further enacted. That the said company shall have full power to ]iurchase, 
hold, and dispose of icul fstafe, lea.se laud.s, and do all that is necessary for the welfare and 
promotion of the Tennessee Colojiial, Agricultural, Mining, and Manufacturing Conijiany, 
viz: That said company may raise vineyards and do a geneial mining, boring, and man- 
ufacturing business ou lands owned and leased by said company, to mine, bore, forge, roll, 



ADMISSION OF TENNESSEE, 49 

smelt, manufacture, transport, and vend in wines, minerals, coal, iron, salt, oil, &c. The 
land to be held by the company shall form a common stock, and shall be divided into 
sbares of hfty dollars each, and apportioned by the said company among the owners and 
subscribers of said stock according to their respective interests. 

Sec. 5. B;^ it further enacted, That the officers and stockholders of said company and 
those emigrating on their lands shall enjoy all the rights, privileges, and protection guaran- 
teed by the State of Tennessee under the Constitution of the United States. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 5, 1865. 



CHAPTER IX. 

AN ACT to incorporate the Cairo and New Orleans Pilots' Benevolent Association. 

Whereas a number of steamboat pilots, engaged in the navigation of the Mississippi 
river, have formed an association for the laudable purpose of increasing the skill and inform- 
ation, improving the character and habits, and promoting the interests of all those pilots 
intrusted with the control and safety of steamers and other vessels ; and 

Whereas the immense and increasing commerce and navigation of the said river demands 
that suitable legislative encouragement should be given by this general assembly to intelli- 
gent and judicious efforts to lessen the dangers of the transportation of persons and property 
upon the said river ; and 

Whereas the intrusting of the vessels used in said navigation only to the care of sober, 
attentive, skilful, and exjjerieuced pilots, who have had a legular and thorough training 
in the business, would greatly tend to enhance the security of life and property constantly 
at risk on the steamboats and other vessels plying upon the western rivers : Therefore, in 
order to further the objects and encourage the efforts of an institution so useful and praise- 
worthy as the above-named association, and to give efficiency, perpetuity, and dignity to the 
same — 

Section L Be it enacted by the general assemhly of the State of Tennessee, That Harrison 
Blasdel, J. W. Pittmau, James D. Perry, Green S. Snow, F. B. Montany, James W. 
Sayers, William Huston, W. C. Page, Garrison \Vasson, James C. Rhoads, W. A. Wilds, 
W. A. Hale, and their associates and successors, are hereby created a body corporate and 
politic, by the name and style of the "Cairo and New Orleans Pilots' Benevolent Associa- 
tion ;" and by that name sliall have sttccession for a period of twenty years, and shall be 
capable of sueing and being sued, both at law and in equity, in all courts and places what- 
soever; and that they and their successors may have a common seal, and may alter, change, 
or destroy the same at will ; and shall also be capable of acquiring, holding, conveying, 
and pledging property, real, personal, and mixed, as may be required for the purpose of the 
association. 

Sec. 2. Be it further enacted, That said corporation shall have power to make a consti- 
tution and by-laws, and to alter, change, or annul the same at pleasure, in whole or in part : 
Prodded, That nothing therein contained shall be repugnant to the constitution and laws 
of this State or of the United States. 

Sec. 3. Be it further enacted, That said corporation shall have power to erect a hall and 
buildings suitable for its uses ; to purchase, own, and enjoy a good library, philosophical, 
chemical, and other apparatus, and such things as niay be calculated to advance the objects 
contemplated by this charter, which shall be exempt from taxation ; to procure the delivery 
of lectures; to found and maintain a school; to grant diplomas, and to withdraw and annul 
the same ; to impose fines itpon its members for the breach of any of the provisions of the 
constitution or by-laws of this association ; to levy contributions upon members; to create 
a fund to be applied to the relief of indigent or distressed members, or their families, and to 
the other objects named in this section; to censitre, suspend, fine, or expel a member, for 
any good cause, calculated to bring discredit upon said association ; and generally to do all 
such other good things as may be necessary to carry out the objects of this association. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 5, 1865. 

H. Mis Doc 55 4 



50 ADMISSION OF TENNESSEE. 

CHAPTER X. 

AN ACT incorporating the Great Southwestern Oil and Mining Company. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That James 
W. Mihoy, William Glennj, Shela Waters, .Tames G. Pratt, Benjamin Gonzales, and their 
a-.-^oeiates, snecessors, and assigns, he, aiul they arc^ hereby, constituted a hudy ])((]itie and 
eoriKirate, by the name and style uf tlie "(ireat Southwestern Oil and Mining Company," 
and by that luvme and style shall have succession tor ninety-nine years, and shall be compe- 
tent to sue aud ho sued in any court of law or equity whatever ; to have and use a seal, and 
alter the same at will : to make and change any by-laws necessary for the government of the 
com|)auy; to purchase, hold, aud dispose of such real estate, leases, mines, minerals, iron, 
coal, oil, and ])ersonal jiroperty as nuiy be necessary for tin- legitimate transacti(m of their 
business ; to mini', forge, roll, smelt, work, mantifaclure, refine, and sell said minerals, coal, 
iron, oil, or other jn'oducts thereof, in or out of this State, and issue such ntunbcr of shares 
of stock of said conijiau}' at the representative par value thereof, as nuiy he ordertid by a vote 
of said company; to determine the par value of shares, aud have the right to pay in shares 
of stock of the corporation for such mining interests in real estate or machinery for mainifac- 
turing as may be necessary to purchase or lease for the successful management of the business 
of said company ; and generally to have, enjoy, and exercise all rights and privileges inci- 
dent to corporations, excej)! the right to issue notes or engage in banking. 

Sec. '2. Be it further cnticlcd, I'liat whenever said company shall become possessed of 
mines, minerals, lands, or leases, situated in this State or elsewhere, a separate and distinct 
interest of each mine, lead. Held, lien, deposit, or lease, may be created under such name as 
may be adopted, to distinguish tlie sanu% and in like manner may organize under, and enjoy as 
a distinct branch interest, all the rights and ])rivileges named in the first section of this act. 

Sec. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM IIEISKELL, 
Speaker (f the House of liiprvsentatites. 
SAMUEL E. KODtJEKS, 

Speaker of the Senate. 

Passed June 5, 1865. 



CHAPTER XL 
AN ACT to change a railroad fund into a county fund, for Blount county. 

Whereas an act was passed by the general assembly of tlie State of Tennessee, on the 
27th of January, 1654, to authorize the county court of Blount county, through their chair- 
man, to subscrilie stock to the Knoxville and Ciuuleston Railroad Company, and levy a ta.x 
on said county to pay the same on certain conditions ; and 

Whereas the county court of said county, in good faitli, did subscribe said stock, and 
levy said tax, aud proceed to collect the same, to the amount of eight or ten thousand dollars, 
in the years 1855, 1856, 1857, and 18.58, and the same was collected aud paid over to the 
coirnty treasurer, as provided by said act; and 

Whereas the railroad eouipany failed to carry out tlie provisions of said act, as specified 
therein, the courts of said counly did then proceed to loan said fund, which was done, taking 
notes with approved security ; and 

Whereas said fund is still lying in said condition, and likely to be lost, or a portion of it: 
Therefore — 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the fund 
a,s set forth in the foregoing preamble, collected under the act as set forth, nuiy be changed 
from the railroad fund into a county fund, for the use and benefit of Blount county, and to be 
under the control and management of the county court of Blount county as a general county 
fund. 

Sec. 2. Be it further enacted, That it shall be the duty of the county court of Blount county, 
at the first quarterly term after the passage of this act — aiula ci'rtified copy of the same being 
present — to a])i)oint or elect a suilalile person to collect said fund, in the name of the chair- 
man of said county court, according to the face of the notes, as executed by tlie parties bor- 
rowing said fund, which notes are now in the hands of the trustee of said county. 

Sec. 3. Be it further enacted, Tliat it shall be the duty of said county court to require such 
person so a])pointed or elected to give bond and ajiproved security for his faithful perform- 
ance in the collection and paying over said fund into the county treasury, as other county 
moneys. 

Sec. 4. Be it further enacted. That the county court of said county allow said collector a 
reas(jnable allowance for his services, not to exceed six per cent, on the amount collected. 

Sec. 5. Be itfmthir cnnctid. That it shall lie the duty of said court to reipiire tht- trustee 
of said county to give bond an<l approved security for the faithful keeping and paying over 
said fund, according to the order of said court. 



ADMISSION OF TENNESSEE. 51 

Sec. 6. Be it further enacted, That nothing in this act shall be construed so as to interfere 
with the original act passed on the 27th day of January, 1854. This act is only inteniled to 
change that part of the fund collected under the said act and paid into the treasury of Blount 
county iu tlie years of 1855-'6-'7-'8, and no further. 

Sec. 7. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. KODGEKS, 

Speaker of the Senate. 
Passed June 5, 1865. 



CHAPTER XII. 

AN ACT to incorporate the Tennessee Fire and Marine Insurance Company. 

Section]. Be it enacted by the general assembly of the State of Tennessee, That B. W. 
Sharp, Kual Hough, James E. Murrymau, John W. Leftwick, Calvin Kelsey, L. Helman, 
and Frank Tatl", of the city of Memphis, together with those who may hereafter become 
stockholders, as hereinafter provided for, are hereby created a corporation and body politic, 
by the name and style of the president and directors of the " Tennessee Fire and Marine 
Insurance Company," and shall continue from the first day of May, 186.5 ; and by that name 
are hereby made capable and able at law to have, purchase, receive, possess, and enjoy, re- 
taiiT, and control, to them and their successors, lands, tenements, rents, goods, chattels, and 
effects, to an amount not exceeding two hundred thousand dollars, and the same to sell, con- 
vey, and dispose of; to sue and be sued, to plead and be impleaded, answer and be answered, 
defend and be defended, in all courts and places in this State or elsewhere ; may make and 
use a common seal, and the same to break, alter, or renew at will ; to ordain, establish, and put 
into execution such by-laws, ordinances, and regulatious as shall be deemed necessary and 
convenient fur the government of said corporation, not contrary to the laws of this State, and 
generally to do all acts and things that a corporation may lawfully do. 

Sec. 2. That the persons named in the first section of this act, or a majority of them, 
shall open books of subscription for the stock in said couipany, which stock shall consist of 
two thousand shares of one hundred dollars each, payable in the lawful currency of the 
United States, and at the time of subscribing they shall have the right to demand and receive 
twenty dollars on each share subscribed for, and have secHred the residue to the satisfaction 
of the corporation, payable in six and twelve months, which obligations may be renewed 
from time to time, either in whole or in part, or for such portion thereof as the president and 
directors of the company shall determine ; and it shall be the duty of the president and 
directors to give at least thirty days' notice of any call which they may make for the pay- 
ment of the capital stock so subscribed ; and if any stockholder shall fail to meet said call, 
or to secure the payment of the remainder as aforesaid, it shall be lawful for the president 
and directors to sell such delinquent's shares, and transfer the same to the purchaser, or 
declare the same forfeited to the company, together with all previous payments thereon. 
No transfer of stock shall be deemed valid and complete so long as the person transferring 
the same shall be indebted to the said company, until the amount tor which he is indebted 
to the said company is secured to the satisfaction of the ])resideut and directors thereof, and 
the stock of every stockholder shall be held as collateral security for the payment of 
whatever sum he may be indebted by notes or otherwise to said comj^any. 

Sec. '.'>. That the share or stockholders shall meet at the place of opening the books for the 
subscription of stock iu said company on the first day of August, 1865, and at the office of 
the company on the first Monday of August in each succeeding year thereafter, and elect a 
president, vice-president, and seven directors, who shall continue in office until the first 
Monday iu August of each ensuing year, and until their successors shall have been elected, 
of which said election previous notice shall be given in a newspaper printed in the city of 
Mem})his for at least two weeks previous to said election. Any vacancy that may occur in 
the board of directors shall be filled by the president and directors until the next annual 
election. No person shall be a director who is not the owner of at least ten shares of the 
capital stock. 

Sec. 4. That in all elections by the stockholders each share to the number of five shall be 
entitled to one vote, and every ten shares in addition shall entitle the holder to one addi- 
tional vote ; that no person who is not a resident of the State of Tennessee shall have the 
right to vote at any election for president and directors unless he shall have been the holder 
or owner of stock at least six mouths previous to such election by a regular transfer upon 
the books of the company ; but shares may be voted upon by the executors or adminis- 
trators of a deceased owner and by proxy. 

Sec. 5. That the president and directors for the time being may and shall have power to 
appoint such officers and agents under them at such places as shall be necessary for 
executing the business of said company, and to allow such compensation therefor as may be 
agreed uj)on, and to require and take bond and security for the faithful peribrmauce and 



52 ADMISSION OF TENNESSEE. 

disdiarjjc of their resjioctive duties and trust ; and the said president and directors shall 
have power to make by-laws and ordinances to {govern the corporation, and may repeal, 
alter, and amend the same. The president and three directors shall constitute a ((uoruiii to 
do business, or five directors in the absence ol the president, one of whom shall be vice- 
])resident, may do and perform all such acts as might be done and performed by the presi- 
dent and the quorum aforesaid. 

.Si:c. (). 'I'liat tiie ])resi(lent and directors for the time being shall have power and 
authority iu the name of the couipany to make insurance at such rati; of insurance premium 
or interest as may bo agreed upon by the parties, upon buildings, machinery, manufac- 
turing establishments, goods, wares, and merchandise ot every description, of all classes and 
qiuilities of property transported by land or water in tlie United States ; also to make 
insurance on steamboats and other water-craft used for transportation of goods, wares, and 
merchandise therein contained and to be transported or shipped, and to make all such 
proper contracts for the insurance of other valuable property as may be embraced within the 
name of personal property, and all such contracts shall be in writing or printed, and shall 
be made by the authority of the company, by and through their proper and legally 
constituted officers and agents appointed for that purpose. 

Sf.c. 7. It shall be the duty of the president and directors on the first Monday of August 
and March iu each year to make a dividend of so nuich of the jirofits of said corporation as 
to them or a majority of them shall appear advisable ; and in any case of loss or losses, whereby 
the capital stock of the cori)oratiou shall be impaired or lessened, no subsequent dividend 
shall be made until a sum equal to such diminution, arising from the profits of said corpora- 
tion, shall have been added to the capital stock of said corporation. 

Sec. 8. Said corporation shall not commence business to the making or issuing of any 
policies of insurance until two hundred shares are subscribed and paid for, or secured to be 
paid, as provided for in the second section. 

Sec. 9. That whenever said company shall be notified of any loss sustained Avhich may 
be covered by any policy of insurance granted or issued by the same, it shall hi' thi; duty of 
said corporation to pay the amount so lost or insured in such policy within sixty days after 
being so notified: Provided, There shall have been no violation of the condition of the 
policy on the part of the insured. 

Sec. 10. Said corporation shall be subject to such tax as may be imposed on similar cor- 
porations. 

Sec. U. Be it enacted, That ,Tohn Wilson, Anson Nelson, John Lumsden, and David C. 
Love, and their associates, shall be and are hereby declared a body politic and corporate by 
the name and style of the State Insurance Company of Nashville, and by that name shall bo 
intrusted with all the powers, rights, privileges, and emoluments conferred upon the Ten- 
nessee Marine and Fire Insurance Company of Memphis. 

Sec. 12. Be it further enacted. That this act shall take effect from and after its passage. 

WILLIAM HELSKELL, 
Speaker of the House of Rcprcsentaticcs. 
SAJVIUEL E. RODGERS, 

Speaker of the Senate. 

Passed June 5, 1865. 



CHAPTER XIII. 

AN ACT to incorporate a liferaiy society of Nashville, known as the "Agnomen Club." 

Section 1. Be it enacted hy the general ussciiilihj of the State of Tennessee, That a society 
of yoinig men of the city of Nashville, organized in March, lrt(;.'),and known as the "Agiu)- 
nien Club," having for its object the general promotion of the arts, literature, science, and 
the amateur drama, as well as the moral improvement of its members, be incorporated under 
the name of the "Agnomen Clul)." 

Sec. 2. Be it further enacted, That said club shall make such rules and by-laws for the 
regulation of its business and the conduct of its mendjers as it may see fit, not conflicting 
with the laws of the State or the city of Nashville. 

Sec. '.i. Be it furthir enacted, Tli.at said club shall be empowered to give such amateur 
dramatic entertainments, ojieu to the public at such times and ])laces as may be designated 
by its members, not inconsistent with the laws of the State or city of Nashville. 

Sec. 4. Be it further enacted. That nothing in this act shall be so construed as to give to 
the club so incorporated the privilege of public exhibition for money, unless they shall first 
pay the tax, as now provided by law, for exhibitions of a similar character. 

WILLIAM IIEISKELL, 
Speaker of the House of }!( pnsmtatives. 
SAMUEL R. ROIXJKK'S, 

Speaker of the Senate. 
Passed June G, lb65. 



ADMISSION OF TENNESSEE. 53 

CHAPTER XIV 

AN ACT to authorize and instruct the comptroller of he treasury to audit, and the treasurer 
to pay, the salary due the lion. Samuel 1). Frierson, chancellor. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the comp- 
troller of the treasury shall audit, and the treasurer of the State shall pay, the quarterly 
salary due on the 4th March, 1862, and on the 4th day of June, 1862, to the Hon. Samuel 
D. Frierson, chancellor of the fourth chancery division of the State, because of the same 
never having been paid, and because of his well-established loyalty to the government of the 
United States and to the State of Tennessee. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL E. RODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 



CHAPTER XV. 

AN ACT to amend an act passed on the 26th of February, 1858, entitled "An act to chartijr 
the Cleveland and Ducktown railroad." 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the charter 
granted to the Cleveland and Ducktown Railroad Company, by an act of the legislature of 
the State of Tennessee, passed on the 26th day of February, 1858, be so amended that the 
following named persons be appointed commissioners of said company, instead of those per- 
sons therein mentioned, to wit : Thomas H. Calloway, William M. Biggs, Samuel Parks, 
N. L. Foute, James Gamble, W. H. Craigmiles, John F. Hayes, Julius E. Raht, Simeon 
E. Browder, William P. Copeland, Pleasant M. Craigmiles, D. C. McMillen, John B. Cate, 
Ake. Henry, Y. J. Esterbrook, A. P. McClay, L. McLeod, and G. Greer, and they are 
hereby constituted and appointed a board of commissioners, seven of whom shall be au- 
thorized and competent to act and transact business, and said commissioners and company 
are clothed with the same rights, powers and privileges, and immunities, which are granted 
in said charter, of which this is an amendment, and said commissioners shall appoint a time 
for the stockholders to meet, at such place as they may designate, for the purpose of electing 
a president and ten directors to manage the affairs of said company. 

Sec. 2. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of }he House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 6, 1865. 



CHAPTER XVI. 

An act to incorporate the Nashvihe Barbers' Association. 

Whereas the barbers of Nashville have formed an association for the aid of its members 
in case of sickness, and for the improvement of its members in virtue and knowledge : 
Therefore — 

Section 1. Beit enacted by the general assembly of the State of Tennessee, That Frank 
Parrish, Nelson Walker, D. S. Lapsley, E. Woods, and their associates, be, and are hereby, 
incorporated lender the name of " The Nashville I3arbers' Association," for the benevolent 
purposes aforesaid, and have a seal, right to sue and be sued, and such powers as may be 
necessary and proper to carry into effect the end for which this charter is granted, for the 
term of ten years, subject to amendment or repeal by any future legislature. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 6, 1865. 



54 ADMISSION OF TENNESSEE. 



CHAPTER XVII. 

AN ACT to incorporate the Tennessee Oil, Mininfj, and Manufactariug; Company, anti for 

other purposes. 

Section 1. Be it cmictcd Ini thr irencml asscinhhi of the Slate of Tcnnrssee, Tliat John D. 
Thomas, Joscpli S. Fowler, Wilson L. Waters, William Tj. Wiiite, ami their associates, suc- 
cessors, ami assipjus, he, ami thev are h(^reliy, constitutcl a body poliiie ami ('orpdrate, hy 
the name ami style of the "Tennessee Oil, Mininp:, ami Mannl'acturiiifj (j(mij)any," ami l)y 
that name and style sliall have succession for ninety-nine years, and shall be Cdmpetent to 
sue and be sued in anj' court of law or etpiity whatever; to have and use a seal, and alter 
the same at ■will ; to make and chanj^e any by-laws for the g^overnment of the com]jany ; 
to purchase, hold, and dispose of such real estate, lease, mines, minerals, iron, coal, oil, and 
personal property, as may be necessary for the legitimate transaction of their business ; 
to mini', torpe, roll, smelt, work, manufacture, refine, and sell said minerals, coal, iron, oil, 
or other products thereof, in or out of the State, and issue such number of shares of the 
stock of said company, at the re)iresentative par value tliereof, as may be ordered by a vote 
of said company; to determine the par value of shares, and have the right to pay iu shares 
of stock of the corporation for such mining interest in real estate or machinery for mannfac- 
turing purposes as may be necessary ; to purchase or lease for the successful operation of 
business engaged iu ; and generally to have, enjoy, and exercise all rights and privileges 
incident to corporations, except tlie right to issue notes or engage in banking. 

Sec\ '2. Be it further enacted, That whenever said conijinuy shall become possessed of 
mines, minerals, lands, or leases, situated iu this State or elsewhere, a separate and distinct 
interest of each mine, lead, field, lien, deposit, or lease, may 1)0 created under such name as 
may b<.' adopted to distinguish the same, and in like manner may organize under, and enjoy 
as a distinct branch interest, all the rights and privileges named in the first section of this 
act. 

Sec. 3. Be it further enacted, That Alexander J. Mackay, Jonathan D. Hall, and John G. 
Parkhurst, and their associates, successors, and assigns, be, and they arc hereby, constituted 
a body politic and corporate, by the name and style of the " Eagle Oil, Mining, and Manu- 
facturing Company," with all the rights and privileges granted by the provisions of this act 
to the "Tennessee Oil, Mining, and Manufacturing Company." 

Sec. 4. Be it further enacted, That John V. Cook, I'hilo Wilson, William B. Wilson, Ed- 
win A. Howard, and Ed. S. Wheat, and their associates, successors, and assigns, be, and 
they are hereby, constituted a l)ody politic and corporate, by the name and style of the 
"Tennessee Petroleum, Mining, and Manufacturing Company," Avith all the rights and privi- 
leges granted by the provisions of this act to the "Tennessee Oil, Mining, and Manufacturing 
Company." 

Sec. 5. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HELSKELL, 
Speaker of the House of Representatives, 
SAMUEL R. RODGERS. 

Speaker of the Senate. 

Passed Jime 6, 1865. 



CHAPTER XVIII. 

AN ACT to incorporate the Memphis City Railroad Company. 

Section 1. Be it enacted hy the ireneral assemhly of the State of Tetinessee, That William 
R. Moore, J. M. Hill, S. 15. Heaumout, R. Hough, William M. Farrington, Frank Taft, G. 
P. Ware, S. R. Wood, Fielding llurst, P. E. Hhind, Joseph Bruce, Abner Tavlor, Thomas 
R. Smith, H. B, Wells, Joseph W. Eystra, William C. Bryan, W. P. Hepburii, and Frank 
Brooks, and their associates, be, and they are hereby, constituted a body politic and corpo- 
rate, under the name and style of the "Memphis City Railroad Company," and l)y that 
name may have succession for the term of thirty years, may sue and be sued, jilead and be 
impleaded with, may have and use a common seal, may purchase and hold such personal 
and real estate as in the opinion of the directors uuiy be necessary for carrying on the busi- 
ness of the corjjoration, and the same to sell and dispose of at pleasure ; may uuike all need- 
ful by-laws for their government not inconsistent or in conflict with the laws of the State of 
Tennessee and the United States. 

Sec. 2. Be it further enacted, That the capital stock of said company shall be three Imn- 
dred thniisand dollars, -with the right and privilege on the part of said comjjany to make it 
five hnndied thousand dollars, which shall be divided into shares of fifty dollars each, and 
the same may be subscribed to and made subject to such calls and terms of jiaymeut as said 
directors, hereinafter provided for, shall designate. 

Sec. 3. Be it further enacted. That the jtersons above named shall, within on(> year after 
this act, meet and elect five of their number by ballot, to act as directors of said company, 



ADMISSION OF TENNESSEE. 55 

and thereupon said directors sliall fhoose one of their nuniher to act as president, and may elect 
such otlier otticers as they may think necessary, and tix the sahiry otthe same — said olificers 
to remain in olitice one year, and until their successors shall be duly elected ; and at the end 
of one J ear after the election of such directors, and annually thereafter, after thirty days' 
notice, to be g'iven by the president and secretary, or either of them, in a newspaper pub- 
lished in the city of Memphis, of the time and place of such election, the stockholders shall 
meet and elect five directors for the ensuing year — each stockholder to have one vote for 
each share of stock held by him or her. Said directors shall thereupon proceed to organize, 
as above provided for the organization of said first board of directors, and so on annually, 
during the existence of this charter. Said stockholders may vote in person or by proxy. 
Three of said directors shall constitute a quorum for the transaction of business. 

Sec. 4. Be it further enacted, That said company, by their said directors and officers, 
shall have power to make, complete, and execute all contracts and agreements entered into 
with the city of Memphis, or other parties, for any purpose whatever, connected either di- 
rectly or indirectly with the construction, maintaining, or operating said railway, and may 
alter or enlarge the term of the same with said parties, and may construct, maintain, use, 
and operate street railways by animal power, on all or any of the streets in the city of Mem- 
phis, in the State of Tennessee, for that purpose rising all necessary machinery and equip- 
ments ; said company to use neatly constructed, commodious, and safe cars, to be weJl 
adapted to such use and piu'pose ; may enter into all necessary contracts for the building 
and operating of said railway, and declai'e dividends on the capital stock of the same. 

Sec. 5. Be it further enacted. That this act shall be so construed as to authorize said 
.company to construct, maintain, and operate said raihvay in the streets of the towns or vil- 
lages of Chelsea and Fort Pickering, in all respects the same as in the city of Memphis : 
Provided, That this act shall be so construed as not to grant either the indorsement of the 
State or the loan of any bonds. 

Sec. 6. Be it further enacted. That each stockholder shall be individually liable to the 
creditors of said company to an amount equal to the amount unpaid on the stock held Viy 
him, for all the debts and liabilities of said company, until the whole amount of the capital 
stock so held by him shall have been paid to the company, and all the stockholders of said 
company shall be jointly liable for all the debts due or owing to any of its laborers and ser- 
vants, for services performed for said corporation, but shall not be liable to au action therefor 
before any execution shall be returned unsatisfied, in whole or in part, against the said cor- 
poration, and then the amount due on such execution shall be the amount recoverable, with 
cost, against such stockholders. 

Sec. 7. Be it further enacted, That said railroad shall be constmcted on the most ap- 
proved plan for the construction of city railroads, and shall be run as often as the conveni- 
ence of passengers may require, and shall be subject to such reasonable rules and regula- 
tions, in respect thereto, as the common council of the city of Memphis may, from time to 
time, by ordinance prescribe, and to the payment to the city of such license annually, for 
each car run thereon, as they may, by ordinance, prescribe ; and the persons and their as- 
signs are hereby authorized to charge at the rate of five cents for the conveyance of passen- 
gers for the whole or any part of the route from the depot to the terminus of said railroad. 

Sec. 8. Be it further enacted. That whenever the said tracks shall be placed on the roads, 
the same shall be laid with such rails and in such manner as shall not obstruct carriage 
travel, and said company shall cause said tracks to conform to the grade of the roads as they 
now are, or as it may be by them, and at their expense, changed or altered, and said com- 
pany shall keep the surface of such roads inside the rails, and for two feet outside on each 
side thereof, in good order and repair. 

Sec. 9. Be it further enacted. That the act entitled " An act to incorporate the People's 
Passenger Railroad Company of the city of Memphis," passed February, 18o0, be, and the 
same is hereby, repealed, together with all acts and parts of acts inconsistent with this act. 

Sec. 10. Be it further enacted, That this act shall take eflfect from the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL K. KODGEES, 

Speaker of the Senate. 

Passed June 7, 1865. 



CHAPTER XIX. 

AN ACT to incorporate the Tennessee and Kentucky Petroleum, Mining, and Manufactur- 
ing Company, and for other purposes. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That C. H. 
Smith, Dr. Joshua Coff, George L. Lewis, George Hillman, W. J. McCor, W. J. Costuer, 
and their associates, be, and are hereby, created a body politic and corporate, by the name of 
the "Tennessee and Kentucky Petroleum, Mining, and Manufacturing Company," and shall 
have succession for ninety-nine years. At any time after organization within twelve 



56 ADMISSION OF TENNESSEE. 

niontlis, tlie directors of said coniinuiy uiay, ifdi'sircd, clinngc tlic iiiinie of said conipniiy to 
any other name; and by liuvinj^ a di'claration of the same, si<i-ned and aeknowiedj^ed by 
tlieir president, and recorded, as a deed tor hind, in tiie county wliere the bnsiness meeting 
is held, said new Jianie shall become the cor])orate name of said body. 

Skc. '2. /{(' it further cnnrtcd, That said coiiqiany, in tlieir cnrjiorate name, may sue and 
be sned, ])ltad and be impleaded, in any conrt of law or eipiity; may adojit and nse a com- 
mon seal, chanp-i'ablc al their pleasnre ; may contract and be contracted \\illi, and have and 
enjoy all the privilef^^es and rights incident to cori)oratiuns. 

Skc. 3. lie it furllier enacted, 'I'hat said company nniy acquire and hold, by pnrcliase or 
lease, any real or personal prop(>rty necessary or pro])er to carry on their business; may sell, 
convey, exciianp;e, rent, or lease the same, or any ]iart thereof, at any time or times dnrin*^ 
the continuance of this charter; and shall have and enjoy all the ri^'hts, privilei^-cs, and ini- 
nuinities granted by this legislature to any petroleum, or mining, or manufacturing com- 
pany. 

Sec. 4. Be it further enacted, That said corporation shall have power to explore any of 
the land ac({uired or held by them by digging, tunnelling, boring, mining, or otlierwise, for 
petroleum, salt, coal, iron, lead, copper, or other material or product, and to pre])are, by 
nianutacturing or otherwise, any material or ])roduc't so found for market ; to use or vend 
the same, either crude or manufactured ; to erect such houses and machinery as they may 
deem requisite to carry on any part of said business. Said couiitany may make, or have 
executed to them, mortgages or deeds of trust on real or personal property, when necessary 
in their business, or in order to secure debts due or to become due by or to said corporation. 

Sec. 5. Be it further cnaeted, That this compauy may ordain and establish, from time to 
time, alter or amend, such by-laws, rules, and regulations for the government of their aflfairs 
as they may deem proper, aud which shall not contravene this charter and the laws of the 
land. 

Sec. 6. Be it further enacted, That the capital stock of this corporation shall not be less 
than one hundred thousand dollars, nor more than five hundred thousand dollars, consisting 
of .shares estimated at twenty dollars each. 

S>EC. 7. Be it further enacted, That any five of said corporators may ojien l)ooks for sub- 
scriptions of stock in said couiiiuny at such times aud places as they may choose. AVhen 
the sum of ten thousand dollars has been subscribed, then said company nuiy organize and 
elect officers. 

Sec. ri. Be it further enacted. That the officers of said association shall consist of a presi- 
dent, a secretary, and seven diri'Ctors, who shall serve for one 3'ear, aud until their succes- 
sors are qualified and inducted into office. The elections shall be at such time and place, 
and on such notice, as the by-laws may prescribe. 

Sec. 9. Be it further enacted. That the officers shall be elected annually as aforesaid, by 
a majority of the votes cast at such election ; and in elections, each share shall entitle the 
owner thereof to one vote. 

Sec. ]U. Be it fmther enacted. That, for cause deemed by them sufficient, the directors 
may dismiss any officer or agent, and aiijioint a successor to act until the next regular elec- 
tion, or for a shorter term, as they may determine. 

Sec. 11. Be it further enacted. That each subscriber for stock in said corporation shall be 
individually liable only for the amount subscribed for by such person, aiul only uutil the 
same is paid in. 

Sec. \'2. Be it further enacted. That nothing in this act shall be so construed as to give 
banking privileges to said company ; and that the right to alter, change, or repeal this act is 
hereby reserved to any subsecjueiit legislature. 

Sec. 13. Be it further enacted. That Sol. Hesse, N. Hoffeiner, Adolph Loeb, H. T. Tom- 
linson, J. Nathan, J. S. Meidviu, Henry Sus.sel, aud their associates, are hereby incorporated 
a V)ody politic and corporate, under the uanu; and style of the "Memphis Club," in tiie city 
of Jlenqihis, county of Shelby, and State of Tennessee, with full powers in their said 
cor]torate eajiacity to sue and be sued, plead and be impleaded, ])urelias(> and hold real 
and personal property', stock, and incorporate hereditaments, and may dispose of the same iu 
such manner as said association may deem most expedient. 

Sec. 14. Beit further enacted. That the said "Memphis Club" may use a common seal, 
and change the same at pleasure; and enact, from time to time, such bj'-laws and regulatiojis 
as may lie required for the good order and government of said society, not iuciuisisteijt with 
the Constit\ition of the United States or the State of Tennessee, and do aud perform all other 
acts for their benefit not inconsistent with tlii' jprivileges herein granteil. 

Sec. 15. And be it further enacted. That this act shall take etiect from and after its 
passage. 

WILLIAM HEISKELL, 
Speaker of the House of Ixeprenentatircs. 
SAMUEL K. KODGEHS, 

Speaker of the Senate. 

Passed June 7, 1 865. 



ADMISSION OF TENNESSEE. 57 



CHAPTER XX. 

AN ACT to amend an act authorizing John C. Haley to establish a turnpike road, passed 

October 28, 1833. 

Section 1. Be it enacted hi/ the gmcrul assembh/ of the State of Tennessee, That F. A. 
Henager, Jas. R. Rigsby, Georoje W. Rider, and Altel A. Pearson be, and they are hereby, 
authorized to open, establish, and keep in repair a turnpike road across what is known as tlie 
Quails Trace of Walden's Rid^^e, begrinnino; at or near where J. L. Hutchison formerly lived, 
in Rhea county, and from thence to Benjamin F. Bridgeman's mill, at the foot of the moun- 
tain, in Bledsoe county ; and that the said proprietors have the charter for said road for the 
same leng-th of time, and upon the same terms and conditions in all respects that a charter 
for a turnpike road was given to John C. Haley, by an act passed October 28, 1833, and that 
John Lee, of Bledsoe county, and John P. Walker, of Rhea county, be appointed commis- 
sioners on said road, who shall take the same oath, and perform the same duties, and be en- 
titled to the same privileges and emoluments that are enjoined upon and extended to the 
connnissioners of said John C. Haley's turnpike road by the act aforesaid ; the charter here- 
by granted to be void unless the road be opened and completed within four years from the 
passage of this act. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 7, 1865. 



CHAPTER XXI. 

AN ACT to incorporate the Memphis and Moirnd City Ai-kansas Steam Packet Company, 

of Memphis. 

Section I. Be it enacted by the general assembly of the State of Tennessee, That G. P. 
Ware, C. C. Burk,Wm. M, Farrington, Wm. R. Moore, John D. Ware, and their associates, 
shall be, and they are hereby, constituted a body politic and corporate under the name and 
style of the People's Passenger and Freight Steam Packet Company of Memphis and Mound 
City; and by that name may have succession for the term of thirty years; may sue and be 
sued, plead and be empleaded ; may have and use a common seal ; may purchase and hold 
such personal and real estate as may be necessary for carrying on the business of the corpora- 
tion ; and the same to sell or dispose of at pleasure ; may make all needful by-laws for their 
government not inconsistent or in conflict with the laws of the United States, the State of 
Tennessee, or the city of Memphis and county of Shelby. 

Sec. 2. Be it further enacted. That the capital stock of said company shall be three hun- 
dred thousand dollars, which shall be divided into shares of fifty dollars each, and the same 
may be subscribed to and made subject to such calls and terms of payment as the directors 
hereinafter provided for shall designate. 

Sec. 3. Be it further enacted, Tiiat the persons above named shall open books for the sub- 
scription of stock, and when one hundred shares ai'e subscribed, and ten dollars on each share 
paid in, the stockholders may then meet and elect five of their number directors of said com- 
pany, and thereupon said directors shall choose one of their number to act as president, and 
may elect such other officers as they may think necessary, and fix the salaries of the same, 
said ofiicers to remain in office one year, or until their successors are duly elected and installed 
into ofiice, at which time, after three weeks' notice in one newspaper published in the county 
of Shelby, State aforesaid, the stockholders of said company shall meet and elect the direc- 
tors aforesaid, each stockholder having one vote for each share of stock held by him or her. 
Said directors shall thereupon elect their said president and other officers, and said election 
shall take place annually. Said stockholders may vote in person or by proxy. Three of 
said directors shall constitute a quorum for the transaction of business. 

Sec. 4. Be it further enacted, That said company, by their directors and officers, shall 
have power to complete and execute all contracts or agreements entered into with the city of 
Memphis, or other parties, for the use of a landing or wharf of said city, and may alter or 
enlarge the terms of same. Said parties may enter into all necessary contracts for the build- 
ing and operating said steam packet company, and declare dividends on the capital stock of 
the same, provided that the capital stock is not diminished thereby. 

Sec. 5. Be it further enacted, That said company, in establishing a tarifi' of freight and 
passage to and from Memphis and Mound City, will submit the same to the county court of 
Shelby county, state aforesaid, for the ajiproval of the same before any of its provisions can 
be enforced : Provided, this act shall not be so construed as to grant either the indorsement 
of the State or the loan of any bonds. 

Sec. 6. Be it further enacted. That the stockholders of said cdmpany shall be individually 
liable for the amount of their stock subscribed until the same is paid. 



58 ADMISSION OF TENNESSEE. 

Skc. 7. Be it flirt liir cniiitnl, That tliis coviioiutiou shall be subject to such taxes as may 
bo imposed on similiir corponitions of tliis State. 

Skc. S. Be it furtlier cnucted, That U((tliin<j lierein contained shall be so construed as to 
authorize the iMirpiu III ion of the city ot" Meiii]>liis or the county court of Shelby county to 
fjrant any privik'i::e or make any eoutraet with said cninjiany tliat will in any way interfcie 
with the vested rijjhts of any party or parties whatever as now fixed by law. 

Stic. 9. Be it farther enacted, That this act take etlret from ami alter its ])assage. 

Wli.I.IAM IIELSKELL, 
Spciikcr of the House of lirprescntativcs. 
aAMUEL K. R01)GEKS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXII. 

AN ACT to incorporate Tennessee Mountain Petrolotun and Mining Company. 

Skction' h Be it enacted hy the general assembly of the State of Tennessee, That Dr. T. A. 
Atchison, Capt. \V. H. H. Ayres. Capt. L. H. Thrikston, S. II. Tar, J. W. Plumrner, capt. 
and provost niarslial district Middle Tennessee, H. \V. Hart, and their associates, succes- 
sors and assigns, be, and they are hereby, constituted a body corjjorate and politic by the 
name and style of "Tennessee Mountain PetroU'um and Mining Company;" and by tliat 
name and style sliall have succession for ninety-nine years, witii ])ower to contract and be 
contracted with, sue; and be sued, in that name in all courts and places ; to have a common 
seal ; to engage in mining, manufacturing and boring for j)etroleum, salt, and other valuable 
niitu'rals, and in the manufacturing, refining, and preparing for market, transjtortiug and 
selling the same, and other i)roducts of said business, and of the land now owned or which 
may hereafter be owned by them in the State ; to hohl their meetings, and trans|)ort and sell 
their oil or other minerals or other products, within or without the state, and to have all 
other powers net'dtui and proper for the successful prosecution of their business and for the 
execution of the powers herein granted. 

Skc. 2. That said corporation may organize said company by the appointment of a presi- 
dent and such other otKcers and managers as they may deem necessary at such times and 
places as they may designate by notice previously given ; and when thus organized, the said 
company shall have power to make such by-laws, rules and regulations as they nniy deem 
necessary from time to time for the government and prosecution of the business of said cor- 
j)oration, not inconsistent with the constitution and laws of the United States and of the 
State of Tennessee. 

Sec 3. The capital stock of said company shall be five hundred thousand dollars, and 
said company shall have power to increase the same from time to time, not exceeding one 
million dollars. 

Sec. 4. The company may buy, lease, or rent any suitable lands, mines, oil and salt rights 
and privileges, rights of way, and other property necessary for their business, and may dis- 
pose of the same, or any portion of it, by sale or otherwise. They may receive real estate, 
leasehold, mining and boring rights and rights of way, in payment of such i)art of subscrij)- 
tion as they may deem advisable. Said company may erect and build on any of their lands 
such buildings, engines, machinery, and fixtures as may be deemed convenient and proper for 
carrying on and conducting the business of said corporation. 

Sec. 5. Be it further enacted. That this corporation shall be subject to such taxes as may 
be imposed on similar corporations in this State. 

Sec. (5. Be it further enacted. That a violation of this charter shall authorize the legisla- 
ture to alter or repeal the same, and that nothing therein contained shall be so construed as 
to allow any banking privileges to said couij)aiiy. 

Sec. 7. Be it furtlier enacted, That this act shall take effect from and after its passage. 

WILLIAM llEISKKLL, 
Speaker of thi Ihinsc of liif/nshntatircs. 
SAMUEL R. K0D(;EKS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXIII. 

AN ACT to incorporate the East Tennessee Union Petroleum, Coal, Iron, and Salt Company 

Sec'IIOX 1. Be it enacted by the general assembly of the State of Tennessee, That O. P. 
Temj>le, Green Adams, K. R. IJutler, John 15. Hmwnlow, David K. Young, L. C. llouk. 
and their associates, successors, and assigns, be, and an; hereb}^ constituted a body corpo, 
rate, by the name and style of the " East Tennessee Union Petroleum, Coal, Iron, and iSalt 



ADMISSION OF TENNESSEE. 59 

Company," and by that name sLall have succession for ninety-nine years ; and shall be com- 
petent to sue and be sued in any court of law or equity ; to have and use a common seal, 
and to alter the same at pleasure ; to establish, ordain, and change any by-laws, not incon- 
sistent with the constitution and laws of Tennessee, that may be necessary for the govern- 
ment of the company ; to purchase, hold, and dispose of such real estate, leases, mines, min- 
erals, iron, coal, oil, salt, and personal property, as they may desire, or that may be neces- 
sary for the legitimate transaction of their business ; to mine, bore, forge, sell, smelt, trans- 
port, work, manufacture, refine and vend the same ; to issue such number of shares of the 
stock of said company, at the repjesimtative par value thereof, as may be indorsed by a vote 
of said company; to determine the par value of shares, and have the right to pay in of stock 
o the corporation for such running interest or interests, in real estate, as may be necessary ; 
to purchase or lease for the operation of the works of the company; to lay and conduct pipes 
and construct railroads from their wells to navigable rivers, or railroads now constructed or 
to be constructed, and to make connexions and turnouts for their purposes, «fec. ; that the 
cauital stock of said company be one million dollars, to be divided in such shares as the com- 
pany may determine, which may be increased or diminished, as the company may determine; 
that the president and directors shall regulate the proportion of stock which may be issued 
to each member on application ; the company to have, enjoy, and exercise all the rights and 
privileges belonging and incident to corporations, except the right to issue notes, or engage 
in the business of banking. 

Sec. 2. Be it further enacted, That whenever said company shall become possessed of 
mines or minerals, lands or leases, iron, coal, or petroleum leases, situated in this State or 
elsewhere, a separate and distinct interest of each mine, bed, field vein, deposit or lease may 
be created under some name to distinguish the same, and in like manner may organize under, 
and enjoy as a distinct branch, all the rights and privileges named in the first section ot this act. 

Sec. 3. Be it further enacted, That Horac(' Maynard, Wm. F. Eay, Thomas J. Vanguilder, 
James B. Howard, Francis S. Price, James N. Clark, Isaac C. iPrice, John C. Flanders, 
"\Vm. McKey, Joseph L. Cooper, Charles W. Cohen, and S. E. Kodgers be, and they are 
hereby, constituted a body corporate and politic, by the name and style of the "Kuoxville 
Oil Mining Company," and in that name they may sue and be sued, &c. 

Sec. 4. Be it further enacted, That said conipany or body corporate shall have all the 
rights, powers, and privileges granted to the " Cumberland Basin Petroleum and Mining 
Company," and subject to like limitations and restrictions. 

Sec. .5. Be it further enacted, That James H. Vaughn, J. M. Kobb, John H. Ligon, H. 
F. Banks, and H. S. Craine, their associates and successors, are hereby constituted a body 
politic and corporate, for a period of ninety-nine years, by the name of the "Tennessee Oil 
and Mineral Conipany," for the purpose of exploring for oil, copper, gold, lead, silver, iron, 
zinc, coal, and other ores, metals and minerals, and for the purpose of developing, mining 
working, refining, smelting, purciiasing, and vending the same, with the ca])ital, and clothed 
with all the powers, rights, and privileges granted in the foregoing charter incorporating the 
"Fast Tennessee Union Petroleum, Coal, Iron, and Salt Company." Said corporators and 
their associates shall organize by the election of six directors of their number, who shall elect 
a president, vice-president, secretary, and treasurer, who shall perform such duties and ex- 
ercise such powers as may be prescribed by the by-laws. 

Sec. 6. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of lleprcscntatites. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXIV. 

AN ACT to incorporate the Manchester and Barren Fork Mining and Manufacturing 

Company. 

Section L Be it enacted by the general assembly of the State of Tennessee, That "W. T. 
GaiTett, J. C. McCrory, and D. P. Kathbone, and their associates and successors, be, and 
they are hereby, created a body politic and corporate, by the name and style of " The Man- 
chester and Barren Fork Mining and Manufacturing Company," and by that name shall 
have succession for ninety-nine years, sue and be sued, plead and be impleaded with, and 
generally to do every act and thing necessaiy and proper to carry out the provisions of this 
act, and to promote the object and designs of this corporation. 

Sec. 2. Be it further enacted. That the capital stock of said company shall be two hundred 
thousand dollars, with the privilege of increasing the same to five hundred thousand dollars, 
to be divided into shares of one hundred dollars each; and the persons above named shall 
open books for the subscription of stock, and when fifty thousand dollars shall have been 
subscribed the stockholders may meet and elect five directors, and said directors shall elect 
one of their number president, and also elect a secretary. 



60 ADMISSION OF TENNESSEE. 

Skt. ;?. Tie it fiirlhcr ennrlcd, Tliat tlio iitVaiis of sa'ul cnniiiany sli.'ill l^o inanap'od liy a 
board of directors, ronsistiiifi- ot not less tliaii tive, and such agruts and officers as tlicy may 
appoint. Tlie secretary and president sliall be elected every year by tlie directors, and ail 
vacancit s liapiieiiinp- in said board, or in any of said offices, may he filh>il by flie actinp^ 
directors for tlie reimiiuder of the term for which they were elected or apjiointed. The 
board shall have jiower to establish by-laws for the <;-overnmcnt of said Company, and to 
aitei' the same whenever it may be deemed proper for them to do so. The directors shall 
have power to re(iuire security for the payment of nil stock suhscribed and not paid in. 

Sr.c. 4. Bt it further enacted, That the said comj)any shall have full power and authority 
to ])iircliase and lease lands or real estate, and to dispose of the same, and to lio a general 
minino^ and maniifacturin<j business on lands owned and leased by said comi)any ; to mine, 
forj^e, roll, smelt, manufactiue, trans])ort, and to vend minerals, iron, coal, petroleum oil, 
salt, and to hold property of every species necessary for the carryin<^ on of tiie l)nsiness of 
said com]>auy, and said i-ompany shall have power to make contracts luider the corj)oiate 
seal, sif^ned l)y the president and attested and sifjned by the secretary or other officer who 
may be appointed by the directors for that juu-pose. 

Sec. 5. Be it j'ltrtlirr enacted. That, should the said company at any time fail to meet its 
enp'agements, eacji jn-rsou bidding stock at the time of such faihne shall bo individimlly 
liable for the debts of the company to the amount of the balance of the unpaid stock of such 
stockholder. 

ISkc. G. Re it further enacted, That tliis corporation shall be; subject to such tax(^s as may 
be imposed on similar corporations of this State. 

Sec. 7. Be it further enacted hy the general assetnhly of the State of Tennessee, That E. C. 
Schultze, L. C. Piatt, C. M. Northrup, Charles Kochler, Joseph W. Currier, Lewis Benton, 
and John A. Smith, shall be, and are hereby, constituted a body politic and corjjorate, for 
the purpose of purchasings, selling-, mining, improving, and settling with loyal owners, land 
ill the State of Tennessee, known by the name and style of "The New York and Tennessee 
Mining and Farmland Company," and by that name may have succession for uinety-uino 
years; may sue and be sued; may contract and be contracted with; may have a common 
seal and power to change the same at will ; may purchase and hold such personal and real 
estate as they shall deem necessary for carrying out the objects of the corporation, and may 
sell or dispose of the same at i)leasure, and receive pay, security, or mortgages therefor: may 
mine, work, or otherwise develop the mineral resources, and may construct such machiner}- and 
improvements on the land of the corporation as they shall think proper, and hav(> jiower to 
sell, lease, or otherwise dispose of the same; and may make all necessary by-laws for their 
govermnent not inconsistent with the laws of the I'nited States or of the State of Tennessee. 

Sec. 8. The capital stock of said company shall consist of five thousand shares of the 
par value of one hundred dollars each, with the j)rivilege of increasing, if necessary, to 
forty thousand shares, and the trustees shall designate and determine what portion of said 
stock shall be paid in land and its value, and what jiortiou in cash, which stock shall be 
deemed personal estate, and transferable iu such manner as the by-laws of the company 
shall direct. 

Sec. 9. That the affiiirs of said company shall be managed by a board of trustees chosen 
by the stockhokh'rs, who shall hold their office for one year, and until their successors are 
elected. Every memlier of said board of trustees shall be a stockholder. In every election, 
and at every meeting of stockholders, each share of stock on which no call or assessment is 
due, past, and unpaid, shall entitle the holder thereof to one vote, either in person or by 
proxy. The board of trustees may choose a president, vice-president, secretary and treas- 
urer, and such other officers and agents as may be necessary, and fix their salarii'S. A failure 
to hold any election on the day designated shall not work a dissolution of the corporation, 
but such election may be held at a subsequent time, to be designated by the board of trus- 
tees. 

Sec. 10. If any subscril)er for stock shall fail to pay the amount subscribed in such man- 
ner as may be prescribed by thi- by-laws, the same may be recovered by action of debt in any 
court having jurisdiction, or such stock may be sold, and declared ftnieited by the company, 
on such terms as the board of trustees shall determine and ]irescrihe. 

Sec. IJ. That the aforesaid persons, or any number of them, or any other person duly 
authorized I)}- the board of trustees, may, at any time or place, open books for the subscrip- 
tion of stock. 

Sec. 12. Be it further enacted, That James Mullens, William H. Wisner, Philemon Gos- 
ling, and .John C. Coldwell, jr., be, and are hereby, created a liody jjoiitic and corporate, 
with succession for ninety-nine years, to be known and designated as "The Cascade Slining 
and Manufacturing Pitroleiim Company," with all the powers and privileges of this act, as 
confeiTi'd upon the previous corjioratious in this act. 

Sec. ];i. .ind he it further enacted, That this act shall take effect and be iu full force from 
and after its passage. 

WILLIAM HKISKELL, 
Speaker of the lluuse if l\i pri sentntircs. 
SAMUEL K. KODtiEliS, 

Passed June 8, 18C5. Speaker of the Senate. 



ADMISSION OF TENNESSEE. 61 

CHAPTER XXV. 

AN ACT to amend An act entitled An act to incorporate the East Tennessee and Virginia 
Railroad Company, passed the 27tli day of January, 1848. 
Section 1. Be it enacted by the general assembly of the State of Tennessee, That the 7th sec- 
tion of said act be so amended that the affairs of said company shall be managed by a board 
of directors, to consist of nine instead of fifteen, as now re<[nired by law. 

Sec. 2. Be it further enacted. That the seventeenth section be so amended that a stock- 
holder, in his own right, of ten shares, shall be eligible to the office of president or director 
of said company, with all the rights and privileges that they are now allowed by law : Pro- 
vided, he be a loyal citizen of the United States government. 

Sec. 3. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEI8KELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXVL 

AN ACT to incorporate the Tennessee Mining and Manufacturing Company. 
Whereas it has been re]n-esented to this general assembly that the property known as the 
Washington County Iron Works, in Washington county, of this State, upon which there now 
are a furnace, forges, rolling mill, and other improvements, is capable, by the application of 
the requisite capital, of much further development : 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That Charles J. 
McKinney, of Hawkins county ; Calvin Hoss, of Washington county ; and such other persons 
as they may associate with them, as owners of the shares hereinafter authorized to be issued, 
be, and the same are hereby, made a body politic and corporate, under the name and style of 
the Tennessee Mining and Manufacturing Company, and as such, in that name, may have 
continued succession, and may purchase, have, hold, use, and acquire, by any lawful means, 
any estate, real and personal, in as full and ample manner as any individual may or might 
do; and the same may use, lease, let, mortgage, sell, and convey, or otherwise dispose of; 
and may sue and be sued, plead and be impleaded, contract and be contracted with, and have 
and use a common seal, and the same may change at pleasure; and make by-laws, not incon- 
sistent with the constitution and laws of Tennessee, and regulations for the management of 
their affairs ; and may have and use all the rights, powers, and privileges which are or may 
be necessary for them to have as an incorporated company. 

Sec. 2. Be it further enacted, That the capital stock of the said company shall consist of 
shares of ten dollars each, of which the said property, known as Washington County Iron 
Works, shall constitute a part, at a price to be agreed upon by and between the parties inter- 
ested, and when two hundred thousand dollars shall have been subscribed, the shareholders 
may proceed to organize the company by the election of five or more directors ; and the directors 
for the time being may have, exercise, and enjoy, in the name and behalf of the company, all 
the rights, powers, and privileges which are given or intended to be given herein, and may, 
from time to time, increase their resources by borrowing money on a pledge of their property, 
or without such pledge, or by new subscriptions ; and the subscribers shall be bound, each 
for himself or herself, to pay the sums by them respectively subscribed ; and when the sums 
due, or to become due, thereon shall have been paid, such shareholder shall not be liable for 
any further payment on account thereof. 

Sec. 3. Be it further enacted. That the by-laws may prescribe the number of and the man- 
ner in which the officers and agents of the company shall be appointed, their terms of service, 
powers, and duties, and may require that they shall take an oath faithfully to discharge their 
respective duties And inasmuch as the Nolachucky river is not navigable above the site of 
the said iron works, and the water power, for manufacturing purposes, may be greatly in- 
creased by erecting one or more dams across the said river above the site aforesaid, the com- 
pany may, and they are hereby authorized to, erect one or more dams across the said river, 
if the same, in their opinion, be necessary and proper to aid in the establishment of manufac- 
tures of iron, or other articles or commodities; subject, nevertheless, to the payment of any 
damages which may be assessed by a jury empanelled by a court having competent jurisdic- 
tion ; and provided that the erection of said dam or dams shall liot interfere with the naviga- 
tion of said river. 

Sec. 4. Be it further enacted. That this act shall be in force for thirty years from and after 
its passage, and until the same be modified and rejiealed ; and all acts and parts of acts con- 
flicting with this act shall be and are hereby repealed: Provided, That nothing in this act 
shall be so construed as to give, grant, or allow to said company banking privileges. 

WILLIAM HEISKELL, 

Speaker of the House of Heprescntatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate, 

Passed June 8, 1865. 



62 ADMISSION OF TENNESSEE. 

CHAPTER XXVII. 

AN ACT incorporating the Teuuessee and Ciunberland Oil and Mining Company. 

Skctfon ]. Be it eii'nctcd hy the general assembly of the State of Tennessee, That A. G. 
Wells, C J^. lle(in<'nilK)wj;^li, Wm. C. Bunts, Win. 15. Caui])l)ell, Wni. U. (Jordon, Dclaino 
F. Sniitli, Edwartl Donoliuo, Cicurj;!' Kicliardson, F. II. Cottuii, tlicir lussociiitos, successors, 
and assigns, he and arc hereby created, constituted and declared a body i)olitic and cor])orate, 
under till' name and styk' of tlie " Tennessee and Cund)erland Oil and Mining Company," 
\\ itli full pri\ iieges and |)o\vcrs to juiil for the i)urpose of ])rospecting, boring, exidoring for, 
raising, mining, digging, transporting and selling t>il, petroleum, kerosene, asphaltum, naph- 
tha, salt, coal, iron, and all other minerals in this State or elsewlierc, on any lands they may 
acquire by purchase, lease or gift; and to manufacture dyes and colors, rctine and convert it 
to sudi other uses by distillation, refining and nianiilaeturing, as science, chemistry and 
])Iiibisophy has or may hereafter make known and discover; also the j)rivilege and power to 
nianulactuie iron iVuni the ore into ))ig metal, and rolk'd iron in all its ipialities and forms ; to 
erect all necessary maeliiuery, buildings, furnaces, warehouses, docks and levees as shall or 
may be conducive to the successful operation of their said business in all of its various depart- 
ments and ramitlcations; also to lay and conduct pipes, and construct railroads, turnpikes and 
canals from their lands and works to any navigable river or railroad now constructed or here- 
after constructed, and to make the necessary switciies and connexions for the ])urpose of trans- 
porting said articles, mined and manufactured, and importing such articles and materials as 
said company may retpiire for the conducting of tiieir said business : Provided, however, That 
in constructing said roads, I'anals, Ac, they do not interfere witii any vested rights; and by 
said name and style are hereby iiuide a body capable in law, as individual citizcu.s, to con- 
tract and be contracted with, sue and be sued, plead and be impleaded, answer and be 
answered unto, and prosecute to final judgnumt, in the State and elsewliere, in all courts of 
law and e<jnity; to nuike, have and use a common seal, and change the same at will ; with full 
power and authority to purchase, lease, and receive in donation, and enjoy and possess estate, 
real, ixMsonal and mixed, and to lease, rent, sell, alienate, convey, and otherwise dispose of 
the same; with all rights, powers and privileges necessary and proper for them as an incor- 
porate company ; and by such name and style siiall have succession for the full term of ninety- 
nine years: Provided, That uotlung in this aet shall interfere with the vested rights of any 
other company inider the laws of the State of Tennessee. 

Sec. 2. Be it further enacted, That the incori)orators, in person or by proxy, shall, as soon 
after the passage of this act as convenient, meet and organize by the election of a "board of 
directors of not less than seven nor more than ten in number, who shall iiave tlie management 
and control of the affairs of the company, a majtirity of whom shall constitute a quorum for 
the transaction of business, and each being a stockholder to the amount of twenty-tive shares 
at least, who, as well as their successors, shall hold their oiHce for the term of one year, and 
until their successors are elected. Said directors sliall annually thereafter, by ])ublic notice 
for thirtv days, in one or more newspapers published in tiie city of Nashville, next preceding 
the tirst'Monday of June, to the stockholders to meet at the office of tlie companv, in Nash- 
ville, in person or by proxy, to elect directors for the next ensuing year, at which elections 
three of the stockholders, ajjpointed by those present, shall be the judges. If the directors 
shall fail or neglect to give notice as aforesaid, any two of the stockholders may give said 
notice, and elect directors in like manner as if the directors had given notice as prescribed by 
this act. The persons receiving a majority of the votes cast at said elections shall be declared 
duly elected; and in case of a tie vote a majority of the directors elect shall determine and 
give ojie vote, which shall be the casting vote. Each stockholder shall hav<' one vote for each 
and every share he or she may own; and any shareholder, not present at any such election, 
may vote by proxy, said proxy being a shareholder and attending such election, and })resent- 
ing' from his principal authority in writing, signed and sealed by said principal and attested 
by two witnes.ses. 

Sec. :3. Be it further enacted. That if it should hajipen tliat an election of directors should 
not be made on the day designated in the notice, the said cor])orati')n shall not for that cause 
be deemed dis.solved ; but it shall and may be law fu! to make and liold an election for directors 
on some otiier designated day, of which notice n]ay Ix' given. 

Sec. 4. JSe it further enacted. That the said directois shall elect annually from their number 
a president, viccrpresideut, secretary, and treasurer, and other such officers, agents, clerks, 
and enii)loy<'s, from among the stockholders or from other sources, as the interest of the 
company may ri'ipiire; and may take of each of them such bond or bonds, with .security, 
conditioned for the faithful performance of the duties assigned them: allow such compen- 
sation as tiiey may thiidc ]iroper, and may removi- and dismis's them, or any of them, at 
pleasure; and shall fill all vacanei<'s in their number eaused by death, resiguation, or other- 
wise, by such persons from among the stockholders as they nuiy elect. And the said directors, 
or a majority of them, may, from time to time, make, ordain, and establish such by-laws and 
reo-ulations "for the government of said corporation in its proceedings, and for the manage- 
ment of its stock and j)ropert}-, as may by them be deemed necessary and convenient : 



ADMISSION OF TENNESSEE. 63 

ProvifJvfl, hoirerer, tlie same be not repugnant to and inconsistent Avitli the constitntiou and 
laws of this State and of the United States. 

Sec. 5. Be it further enacted, That the meetings of the board of directors shall be at such 
times and places as they may themselves determine; and special meetings thereof may be 
called by the president or a majority of the directors, and at all meetings thereof a majority 
shall constitute a quorum for the transaction of business. 

Sec. 6. Be it further enacted, That said directors shall keep, or cause to be kept, proper 
books of stock and accounts of the business and affairs of said company, which shall be 
subject at all times to the inspection of the stockholders, and they shall annually, at the 
expiration of their term of office, make a full and correct rejiort to the stockholders of the 
transactions of the year, showing the amounts of property and means received, and Avhencj 
received, the amount disbursed, and for what purpose disbursed, the amount on hand, together 
with such other information as may be required by the stockholders or deemed important to 
the interests of the company. 

Sec. 7. Be it further enacted. That the capital stock of the company shall be two million 
dollars, divided into one hundred thousand shares of twenty dollars each, which capital stock 
may be increased or diminished as the directors may determine; and the president and 
directors shall regulate the proportion of stock which may be issued to each member on 
application. 

Sec. 8. Be it further enacted. That the stock and property of said company and corporation, 
of whatever nature, shall be assignable and transferable on the books of said corporation in 
such manner as the regulations and by-laws thereof may prescribe. 

Sec. 9. Be it further enacted. That the dividends of the profits of said corporation shall be 
made at such times among the stockholders as the dividends may determine. 

Sec. 10. Be it further enacted. That the board of directors shall have no power to bind the 
corporation by any contract or agreement to a greater amount than the capital stock sub- 
scribed ; and in case of their attempting to do so, the directors so participating in such an 
attempt shall be responsible in their private property to the parties iujured. 

Sec. n. Be it further enacted, That said corporation may receive real estate, leasehold, 
mining and boring interests and rights, and right of way, in payment of such part of sub- 
scription to stock as may be by the directors deemed advisable. 

Sec. 12. Be it further enacted. That said corporation shall not be dissolved, unless by a 
vote of two-thirds of the whole capital stock. 

Sec. 13. Be it further enacted. That the right to alter, change, or repeal this act is hereby 
reserved to any subsequent legislature ; and nothing shall be so construed as to grant said 
company banking privileges. 

Sec. 14. Be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXVIII. 

AN ACT to charter the East Tennessee Female College. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That a female 
institution be, and the same is hereby, chartered and incorporated, by the name of " The 
East Tennessee Female College." to be located at Cleveland, Tennessee. 

Sec. 2. Be it further enacted, That the following persons be appointed trustees of said 
institution: G. B. Thompson, M. D., Rev. Wm. C. Daily, Robert N. Fleming, M. D., Rev. 
Hiram Douglass, William Hunt, M. D., Rev. Robert Sneed, J. II. Brown, M. D., J. H. 
Gaut, esq., P. M. Craigmills, M. D., L. P. Gaut, esq., J. H. Craigmills, D. P. O'Neil, 
Thonuis H. Colloway, H. B. Davis, William Gate, James M. Henderson, Thomas L. Gate, 
Joseph II. Davis, Jonathan C. Tipton, and Isaac Lowe, and ihey and their successors, as 
hereafter provided, shall constitute a corporation for ninety-nine years. 

Se(;. 3. Be it further enacted, That said corporation shall be able and liable, in law and 
equity, to sue and be sued, plead and be impleaded, to answer and 1)e answered, and to de- 
fend and be defended in all courts and places, as any other legally and regularly constituted 
corporation ; may have a common seal, may alter or change the same at pleasure, and also 
shall be able to take by purchase, grant or devise, or in any other names, and to hold any 
real, personal, or mixed estate whatever: Procuhd always. The clear yearly value of the real 
estate shall not exceed the sum of fifty thousand dollars: And provided also. That the prin- 
cipal and interest of the whole fund be used and applied for the use and promotion of educa- 
tion at said college, and to no other purpose. 



64 ADMISSION OF TENNESSEE. 

Sec. 4. Br it furtlur tunrird, Tliat said trustt'cs aiul tlii'ir successors in office sliall liavo 
full power ami autlinrity to i-dUcct ami receive all t'uiuls that have in any way heeii cuutiilm- 
ted or i)ledj;eil f'oT the estalilishiiient enhug-eiiient,. iiiainlenance, or hmeiit ufsaid institutidU, 
or lor any of its purimses, and ajiply the .same; and j^'ive, i;'rant, barfiain, sell, or dispose of 
all, or any, of said real, personal, or mixed estate, as to them may seem best for the interest 
of said institution. 

Skc. 5. Be it further rnHrtfd, That the mnnher of trustees shall at no time exceed twenty ; 
seven of whom shall constitute a quorum, with power to transact all the business of the 
institution, except to sell real estate, in which case a majority of the board must act. 

Sr.i'. t). Re itfurlhcr enacted, That the trustees and their successors in otbcc? shall have 
full ])ower and authoritj' to direct, manage, and control the funds of the institution, for the 
benefit of the same, to prescribe the course of study and the discipline to be observed in the 
institution. 

Sec. 7. Be it further enacted, That the trustees and their successors in office shall have 
power to select and elect, whenever a majority of them may thiidv proper, a president of iho 
institution, and such juotessoror professors, tutor or tutors, as they may consider necessary 
for the institution, and these, when elected, shall constitute a faculty for the edtu'ation and 
government of the students, under the restrictions hereinbel'orc and hereafter enacted. 

Sec. 8. Be it further euacted, That the faculty elected, as provided in the seventh section 
of this act, shall hold ottice dining the pleasure of the trustees : Provided, That no member 
of the faculty shall be dismissed by the trustees without just cause, previously stated to him 
in writing, and a full opi)ortunity for defence allowed him before at least ten (10) of the 
trustees: Pruvidcd, That if conii)laint shall bc^ made to said trustees, or any of thi'm, or they 
or any of them have knowledge of misconduct on the part of any memlna" of the faculty, it 
shall be the duty of the trustees to immediately call a meeting of their body to investigate 
the charges, and if they think jirojier, by a majority vote of the members present, if five or 
more, suspend said officer until he be notified and tried, as herein provided. 

Sec. 9. Be it further enacted, 'I'hat no member of the faculty shall be eligible to the office 
of trustee except the president, w^ho shall, by virtue of his olfice, be a member of the board 

trustees. 

Sec. 10. Be it further enacted, That said tmstees shall, under the regulations provided in 
this act, have power, upon the, death, resignation, or the removal of one of its members, to 
sup])ly the vacancy by the election of some other })erson. They shall also have power to 
make vacant the seat of any member of the board who sliall fail to attend its meetings for 
the term of twelve months, or for bad or any want of good character. 

Sec. 11. Be it further enacted, That said trustees shall have power to meet from time to 
time upon their own adjoiunnient, and as often as they shall be summoned by the chairman 
or president, or in his absence by the secietary. 

Sec. 12. Be it further enacted, That the president of the board of tmstees, as well as any 
otla.'r officer that may be necessary for the proper organization of such body, may be elected 
once in eveiy year, at such time as the board shall fix by a majority vote; and the officer 
elected must be a member of the board of trustees. 

Sec. 13. Be it further enacted. That the trustees, and their successors in office, have power 
and authority to grant and confer all such literary degiees and honors as are usual in any 
similar institution in the Union, and to give suitable diplomas, under the signatures of the 
faculty and five of the board of trustees, which dijiloma shall entitle the possessor to the 
same imnmnities and privileges allowed by usage and statute to the possessors of diplomas 
from any similar institution: Provided, That this section be subject to legislative control. 

Sec. J4. Be it further enacted, That said trustees, and their successors in office, have power 
and authority to make all ordinances and by-laws for the government of their institution 
which thev may deem expedient for carrying the design of the institution into eft'eet: Pro- 
vided, That none of the by-laws shall be inconsistent with the constitution and laws of the 
State or of the United States. 

Sec. 15. Be it further enacted, That at a meeting of the board, a quorum being present, 
said board may, in the absence of the president, name one of its members chairman, whose 
acts shall be as valid as tlie acts of the president, and till acts of the board, under such cir- 
cumstances, shall be as regular and eiiectual as if the president had been i)resent and presided 
over the meeting. 

Sec. Itj. Be it further enacted, That all the property belonging to said institution, or which 
may hereafter belong to it, be, and is hereby, exemjjt from taxation. 

S'ec. 17. Be it further enacted, That this act shall take etl'ect iVom its jiassage. 

WILLIAM HEISKKLL, 
Speaker of the House if llr/nrs( ntatices. 
SAMUEL K. KUiXiKKS, 

Speaker of the Senate. 

Passed June 8, 1805. 



ADMISSION OF TENNESSEE, 65 

CHAPTER XXIX. 

AN ACT to change the line between the counties 8f Anderson and Campbell. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That the county 
line between the counties of Anderson and Campbell be so changed as to include the present 
residence and farm of Silas L. Arthur in the county of Anderson. 

Sec. 2. Be it further enacted, That this act shall take effect from and after its passao'e. 

WILLIAM HEISKELL, ° 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Passed June 8, 1865. 



CHAPTER XXX. 

AN ACT to incorporate the Cumberland Basin Petroleum and Mining Company. 

Section 1. Be it enacted by the general assembly of the State of Tennessee, That John T 
Wilder, W. O. Osgood, W. Hunt, William E. Prall, J. H. Fessenden, S. A. Crittenden," 
James W. Clark, P. C. Leary, William McMustry, and Samuel Sawyer, and their associates] 
successors, and assigns, be, and they are hereby, constituted a body corporate, by the name 
and style of "The Cumberland Basin Petroleum and Mining Company," and by that name 
shall have ninety-nine years succession, and shall be competent to sue and be sued in any 
court of equity or law whatever ; to have and use a common seal, and to alter the same at 
pleasure; to establish and change any by-laws for the government of said company not 
inconsistent with the constitution and laws of Tennessee : to purchase, hold, and dispose of 
such real estate, leases, mines, minerals, iron, coal, oil, salt, and personal property as may 
be necessary for the legitimate transaction of their business ; to mine, forge, roll, smelt 
transport, work, manufacture, refine, and vend said minerals, coal, iron, oil, salt, and pro- 
ducts thereof, and issue such number of shares of the stock of said company, at the repre- 
sentative par value thereof, as may be ordered by a vote of said company ; to determine the 
par value of shares, and have the right to pay in shares of stock of the corporation for such 
mining interest, or interest in real estate, as may be necessary to purchase or lease for the 
operation of the works of the company, and generally to have, enjoy, and exercise all rights 
and privileges incident to corporations, except the right to issue notes or engage in banking. 

Sec. 2. Be it further enacted, That whenever sa.id company shall become possessed of 
mines or minerals, lands or leases, iron, coal, pretroleum, or leases, situate in this State or 
elsewhere, a separate and distinct interest of each mine, bed, field, vein, or deposit, or lease, 
may be created under some name to distinguish the same, and in like manner may organize 
under and enjoy, as a distinct branch interest, all the rights and privileges named in the first 
section of this act. 

Sec. 3. Be it further enacted. That this corporation shall be subject to such taxes as may 
be imposed on similar corporations in this State. 

Sec. 4. And be it further enacted, That this act shall take eflfect from and after its passao-e. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 8, 1865. 



CHAPTER XXXI. 

AN ACT to incorporate the Cumberland Mining and Petroleum Company and for other 

purposes. 

Section L Beit enacted by the general assembly of the State of Tennessee, That Barnard 
F. MuUius, Edward W. Metcalf, Julius C. Hart, Hugh Barns, Alexander J. Mullins, and 
their associates and successors be, and they are hereby, created a body politic and corporate 
by the name and style of "The Cumberland Mining and Petroleum Company," and by that 
name shall have succession for ninety-nine years, and shall be capable in law and equity to 
sue and be sued, plead and be impleaded, in all suits and proceedings whatever, in any of 
the courts of this State, and for the purpose of boring for oil and salt, and mining for iron, 
coal, copper, and other mineral or fossil substances in this State, and vending and selling 
the same, and for erecting buildings and fixtures, and other improvements, in order to carry 
on said mining operations, and said company may acquire and hold all needful machinery 
and apparatus, and may have a common seal, and the same may alter or change at pleas- 
ure; may take, hold, manage, convey or transfer any real or personal estate or property 
H. Mis. Doc. 65 5 



66 ADMISSION OF TENNESSEE. 

necessary for tlicir business, or lease the same; and may make by-laws for the government 
of the t'um|miiy. 

.Skc. 2. lir it further enacted, TSiat the capital stock of said company shall be five hundred 
thousand dollnrs, (!|r)00,()liO, ) in slmres of one iuindred dollars each, and the corporators 
named in the lirst section of tliis act may act as directors in orfjanizinjj tlie coini)auy, and 
act as sncli until the stockholders have a fj^encral meeting, when they shall elect a board of 
fi\e directors, and thereafter thi-y shall elect directors annually at the place they may desig- 
nate for business, but a failure to elect annually shall not work a forfeiturt; of this charter, 
but the then cxistino- directors shall act until others are elected. The diructors shall elect one 
of their mombi-rs president, and may ai>p(iint a secretary and treasurer, aiul such other officers, 
oi)eratives, and aj^ents as they may think proper, and iix their compensation and wages. 

Skc. ;i. Be it further enacted, That the company may sue any delinquent stockholder for 
default to pay in his stock, or any of it, according to the terms of the sid)scription or regu- 
lations of the company, or may, if they choose, declare forfeiture of such stock, and may 
make such by-laws and rules in relation thereto as are not inconsistent with the constitution 
and laws of this State or of the Ignited States. 

Skc. 4. Be it further enacted, That nothing in this act shall be so construed as to allow 
said company any banking privileges whatever, and a violation of this charter shall author- 
ize the legislature to alter or repeal it. 

Sec. f). Be it further enacted. That section 1 of an act to incorporate "The Raulston Oil and 
Slate Companv," passed May 25, 180,5, be so amended as to read thus: "That Albert (5. 
Ransom, H. I). McKinuey, R. S. Raulston, Hugh L. W. Ranlston, W. W. Totten, and 
Charles Wescott, and their associates, successors, and assigns be, and they are hereby, con- 
stituted a body corporate and politic by the name and style of 'The Raulston Coal, Iron, 
Oil, and Salt Company,' and by that name and style shall have succession for ninety-nine 
years, with power to contract and be contracted with, sue and be sued, plead and be im- 
pleaded, answer and be answered unto, in all courts of law and equity in this Stiite or else- 
where ; to have and to use a common seal and change the same at will ; also, to buy, lease, 
sell, grant, and convey lands in this State or elsewhere ; to explore and drill for, mine, pump, 
and raise coal, iron, salt, oil, petroleum, naptha, asphaltum, and all other minerals of every 
description, with the right to manufacture and refine said oils and minerals, and benzoin, 
burning fluids, dyes, and colors, and to such other purposes and uses as are now known or 
as science and chemistry may hereafter make known and discover ; also, the right to en^ct 
in this State or elsewhere on any lauds they may acquire by purchase, gift, or lease, such 
furnaces, rolling mills, machinery, and fixtures as they may think proper; to manufacture 
pig metal, rolled iron, and all other kinds of manufactured iron or other metals, as they may 
detevniine. Also the right to transport, sell, and dispose of all such oil, coal, iron, salt, and 
other minerals, together with all such manufactured articles, to vend at such places in this 
State, or elsewlicre, as they may deeui most profitable, and to have all other powers proper 
and needful for the successful prosecution of their business, and for the execution of the 
powers herein granted." 

Sei;. 6. Be it further enacted, That J. A. Stevens, F. Linck, and J. M. Wambough be, 
ami they are hereby, constituted a body coi^jorate and politic, under the name and style of 
"The Jackson Mining and Petroleum Comjiany," and shall have the same perpetuation, 
powers, and privileges granted in the foregoing sections of this act, with the sanu' succes- 
sion, rights, and franchises ; and, among other rights, to sue and be sued, to have and use a 
common seal, and to nuike such by-laws as shall not be inconsistent with this charter and 
the coustitutiuu and laws of the United States, or of the State of Tennessee ; and with 
powers to issue and sell stock in shares of one hundred dollars "ach, and the capital stock 
of said company shall be two hundred thousand dollars, with the privilege of increasing it 
to five hundred thdusaud dollars. 

Sec. 7. Be it further enacted, That so much of an act passed March the 19th, ISfiO, as 
refers to the South Nashville Street Railroad Couipauy, and that so much of said act passed 
February 29, 1800, as refers to the McGavock and Mount Vernon Horse Railroad Company 
be, and the same are herebj^ respectively revived and amended as hereinafter provided. 

Sec. 8. Be it further enacted. That the said South Nashville Street Railroad Comjiany 
shall have the exclusive right of way, excepting as hereinafter provided; and by and with 
the consent of the mayor and alderuibn and council, t>r the city authorities of Nashville, 
through Cherry and College streets in the city vf Nashville, fioiu the i)ublic s(piare in said 
city, to any point or points two miles south of the soutlu-rn and eastern boundary lines of 
said cori>oration, over which to constnict two lines of street railroads; also, through and 
over Cedar, Union, and Church streets, from College to Cherry streets, and through Fraidvliu 
street, or .such other location as may be agreed upon, in the si)uthern part of said city, from 
CheiTy street to Ma])le street, and through Majde street to its southern ternnnus. 

Sec. 9. Be it further enacted. That said ciimiiany may make a branch street railroad from 
their main stem or trunk to and through Carroll street eastwanlly to the Lebanon turnpike 
ro.ad, and to extend the same at will southeastwardly along said turnpike road, not exceed- 
ing two miles from the corporation line. 

Sec. 10. Be it further enacted, That E. H. East, M. Burns, E. R. Glasscock, Robert 
Thompson, and ti. H. Wessel be added to the other commissioners originally named in the 



ADMISSION OF TENNESSEE. 67 

McGavock and Mount Vernon Horse Railroad Company, and that they, their associates and 
successors, are hereby constituted said body politic and corporate, for the uses and purposes 
set forth in said original charter. 

Sec. 11. Be it further enacted, That said McGavock and Mount Vernon Horse Railroad 
Company and the South Nashville Street Railroad Company shall have the rif^ht of way iu com- 
mon over the railroad tracks in and along the public square in the city of Nashville, and over 
the tracks of said roads, or either of them, from said square through Cedar street to Cherry, 
through Cherry street to Church street, through Church street to College street, through Col- 
lege street from Church street to the public square, and along the south side of the public 
square to the suspension bridge piers, and along the west side to Cedar street, and to use, 
build, and occupy said railroad tracks in common, and upon such terms and conditions as 
may be fair and equitable. 

Sec. 12. Be it further enacted, That said two street railroad companies may hereafter, by 
and with the consent of the common council, mayor, and aldermen of the city of Nashville, 
build other branches to their respective roads over and through such other streets as may 
hereafter be selected, and that said companies may contract with other private companies for 
the right of way over their property, and lay down one or more tracks as arms or branches 
to said railroads to such point or points as may be agreed upon. 

Sec. 13. Be it further enacted. That said McGavock and Mount Vernon Horse Railroad 
Company shall have the exclusive right ofwayfora street railroad over such streets as maybe 
selected by said company for their main lines and branches, excepting as hereinbefore de- 
clared in common for said two street railroads. 

Sec. 14. Be it further enacted, That said charters, hereby revived and amended, shall run 
for fifty years from and after its passage, and that all acts or parts of acts heretofore passed 
coming in conflict with this amended act be, and the same are hereby, repealed. 

Sec. 15. Be it further enacted. That Samuel Watkins, Wm. R. Elliston, Joseph T. Ellis- 
ton, John 0. Ewing, Charles Bosley, John H. Williams, Benjamin Litton, Wm. H. Gordon, 
E. H. McEwen, and W. R. Cornelius, their associates and successors, are hereby constituted 
a body politic and corporate, under the name of the West Nashville Street Railroad Company, 
and by that name may have succession for the term of fifty years, may sue and be sued, 
plead and be impleaded, may have and use a common seal, may receive, purchase, and hold 
such personal and real estate or property as may be necessary for carrying on the business 
of said corporation, and the same to sell and dispose of at pleasure ; may make all needful 
by-laws for the government of their said company, not inconsistent with the laws of the 
United States or of this State. 

Sec. 16. Be it further enacted, That said company is incorporated for the purpose of con- 
structing and using a street railroad in the city of Nashville, westwardly, not exceeding two 
miles from the corporation boundary, over any two of Gay, Cedar, Church, and Broad 
streets, together with such streets running at right angles and between such two streets as 
may be selected : Provided, The same shall in no way interfere with the rights and privi- 
leges hereinbefore granted to other companies, and that this charter is granted with the same 
rights, privileges, conditions, and restrictions as are granted and imposed, in every particular, 
upon the McGavock and Mount Vernon Horse Railroad Company, passed February 29, 1860. 

Sec. 17. Be it further enacted, That this act shall take efi'ect from and after its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Passed June 9, 1865. 



CHAPTER XXXII. 

AN ACT to incorporate the United Hebrew Brethren Benefit Society of Memphis. 

Section 1. Be it further enacted by the general assembly of the State of Tennessee, That 
J. M. Gaus, M. Skaller, M. Breu, L. Lyons, J. Heiligers, S. Goldbaum, S. Marks, and 
others, and all who shall hereafter become members and officers of the benevolent association 
known by the name and style of the "United Hebrew Brethren Benefit Society of Memphis," 
in the city of Memphis, in the county of Shelby, and State of Tennessee, be, and they are 
hereby, constituted a body politic and corporate, under the name and style aforesaid, with 
full powers in their said cori)orate capacity to sue and be sued, plead and be impleaded, and 
hold personal and real property, stock, and incorporated hereditaments, and may dispose of 
the same in such manner as the said association may deem most expedient. 

Sec. 2. Be it further enacted. That the said United Hebrew Brethren Benefit Society may 
use a common seal, and change the same at pleasure; and enact, from time, to time, such 
by-laws and regulations as may be required for the good order and government of said 
society, not inconsistent with the Constitution of the United States or the State of Tennessee ; 
and do and perform all other acts for their benefit not inconsistent with the privileges herein 
granted. 



68 ADMISSION OF TENNESSEE. 

Sec. 3. Be it further enacted, That the okl Gcniuin order of the Fanifjari, known as 
Jiickson Loilpce No. Ill, be, and tlic same is herobv, incorporated, with the same j)i>wers 
and iirivilifxes as conferred by the other sections of tliis act, and not inconsistent witli the 
hiws of tile State. 

Sec. 4. Be it further enacted, That this act sliall take cft'cct from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the Houxe of liepresrntatives. 

SAMUEL K. kODGEKS, 

Speaker of the Senate. 
Passed June 10, 1865. 



CIIAl'TEK XXXIII. 

AN ACT to encourage the planting, improvement, and other interests of the State of Ten- 
nessee, and for other purposes. 

Section 1. Be it enacted hij the general assembly of the State of Tennessee, That Edward 
Yardly, Tliomas 15. McElwee, Peter D. Luther, Wm. 1). Wliipplc, T. W. Yaidly, J. W. 
Barker, and .Tohn A. Spoouer, be, and are liereby, incorjxiratcd into a IxkIv politic and cor- 
porate, and tlieir successors, uinU'r the corporate name and style of the " Tennessee Manu- 
facturin<i' and InqudvciiU'Ut Conipimy." 

Sr.c. 2. Ik it further enacted, Tiiat the capital stock of this company shall be two hundred 
and tifty thousand dollars, divided into twenty-five thousand shares often dollars each, with 
the jjrivilege of increasing the capital stock to an amount not exceeding live million dollars. 
Sec. W. Be it further enacted, That this company shall have a common seal, and by its 
corporate luime and style shall have power to transact all its business in its corporate name, 
purchase and lease lands, raise and manufacture cotton, also oil from cotton seed, together 
with llic mining and dealing in coal, iron, marble, and any or all other valuable minerals: 
Provided, This company shall not engage in the business of banking. 

Sec. 4. Beit further enacted, Th-AiWvm company shall have full power and authority to 
open and make roads, V)y rail or otherwise, necessary for ingress and egress in its operations 
in shipping their products to market ; said comjiauy l)eing at its own expense in the same, 
and rendering to owners of lands — provided said owners are willing to dispose of the lands — 
just compensation for the right of way and land so aiiitropriated. 

Skc. .'). Ik it further enacted, That this cun:]iany shall have power to elect its own officers, 
and establish liy-laws, rules, and regulations for the government of the same in such nuui- 
ner as the company may think best ; the same not being rejiugnaut to this act. 

Sec. 6. Be it further enacted. That this corporation shall be subject to such taxes as may 
be imposed on similar institutions in this State. 

Sec. 7. Be it further enacted, That, with a view to the relief of the travelling community 
generally, and the incorporated turnpike comiianies of the State, permission is granted said 
turnjiike companies to collect tolls at their several gates ; the proceeds of the same, after 
paying the expense of collection, shall be a])proi)riated to the repair of said roads till the 
same are made equal to the requirements of the original cliarter, when this section shall 
cease to have any further effect. 

Sec. 8. Be it further enacted. That, to enable the Lebanon and Nashville Turnpike Com- 
pany to rebuild the bridges l)unied by General Forrest's command across Jlill creek and 
Stone's river, said com])any shall be allowed to cluiige double tolls so soon as one or both of 
said ])ri<lges are completed, and so continue until the gross amount of the extra toll hereby 
allowed shall create a fund sufficient to discharge the debts incurred in rebuilding said 
bridges, and no longer, when the provisions of this section shall cease. 

Sec. 9. Be it further enacted, That this act shall take etlect from and after its passage. 

WILT>IAM HEISKELL, 
. Speaker (f the House of Representatives, 
SAMUEL K. KODGEKS, 

Speaker of t lie Senate. 
Passed June 9, 1865. 



CHAPTER XXXIV. 

AN ACT to incorporate the New York and Tennessee Petroleum and Mining Company. 

Section 1 . Be it enacted hy the general assembly of the State of Tennessee, That E. A. 
Still man, L. B. Ostnuider, Peter l)ick, Joseph S. Kains, M. L. Parkhurst, T. S. Briscoe, 
Edgar Ilyke, Patrick Lavelle, Joseph Cochrum, and C. J. Hall, (of whom the first five shall 
constitute the directors for the first year,)l)e, and they are, together with their associates, 
successors, and assigns, hereby constituted a body politic and corjjorate, by the name of 
" The New York and Tennessee I'etroleum and Mining Company," for the jiurpose of ex- 



ADMISSION OF TENNESSEE. 69 

ploring for petroleum, rock oil, coal oil, salt, volatile substances, and all ores, minerals, and 
nieials, and for mining, pumping, or obtaining by any other process, refining and vending 
the same, and for such purposes may have and hold in fee simple, or for a term of years, real 
or personal estate ; may mortgage, transfer, or convey the same ; may purchase, construct, 
or erect all necessary buildings, apparatus, roads, &c., for conducting their operations ; may 
have a common seal, and alter or renew the same at pleasure; enjoy all the privileges and 
immunities of similar corporations, and by that name may sue and be sued, plead and be 
impleaded, appeal, prosecute, and defend in suits and actions, in any court. of law or equity 
in this or any other State ; may make such by-laws, rules, and regulations for accomplishing 
the objects of the corporation as may be deemed best from time to time by a majority of the 
board of directors : Provided, Such by-laws, rules, and regulations do not conflict with the 
spirit and letter of this charter, the Constitution and laws of the United States, or of the 
State of Tennessee. 

Sec. 2. Be it further enacted. That at any time within five years from the passage of this 
act a majority of the above named persons may meet in the city of Nashville, and after 
accepting this charter may proceed to open books for the subscription of stock. 

Sec. 3. Be it further enacted, That the capital stock of said company shall consist of not 
less than fifty nor more than five hundred thousand dollars, to be divided into such number 
of shares as the board of directors may determine. 

Sec. 4. Be it further enacted, That when twenty per cent, of the stock shall be subscribed 
for, and as much as ten per cent, in cash, or real or personal estate in fee or leasehold (the 
value of the same to be determined and agreed upon by the board of directors) shall be paid 
into the treasury of the company, or be in its legal possession, the board shall proceed to 
elect a president, secretary, treasurer, and such other officers as they may see fit. 

Sec. ij. Be it further enacted, That the directors shall require books to be kept containing 
the names of the stockholders, the amount of their subscription, payments, transfers of stock, 
and every fact relating to the stock, which, at all reasonable times, shall be subject to the 
inspection of any and every stockholder. 

Sec. 6. Be it further enacted. That each stockholder shall be entitled to a certificate, or 
cei'tificates, of the stock he or she may own, which certificate shall be signed by the presi- 
dent and secretary of the company, and stamped with its seal. 

Sec. 7. Be it further enacted. That no transfers of stock shall be valid, irntil such transfer 
is registered onthe books of the company by the prescribed officer or regular transferring agent. 

Sec. 8. Be it further enacted. That the chief office of the company shall be at Nashville, 
but the directors may establish a branch office at the field of operations, and elsewhere, if 
the interests of the company are deemed to require it. 

Sec. 9. Be it further enacted. That the directors of the company shall not be less than five 
in number, and after the first year shall be chosen by the stockholders. 

Sec. 10. Be it further enacted. That nothing in this act shall be so construed as to allow 
banking privileges under this corporation. 

Sec. 11. Be it f 11 ther enacted, That for any violation of this charter the legislature may 
alter, change, or repeal this act. 

Sec. 12. Be it further enacted. That C. Hamburgh, Thomas Hays, Sol. Barber, Jack Huff- 
man, James Killeben, Moses Oldburu, and M. D. Davin, of the county of Montgomery, be, 
and they are hereby constituted, a body politic and corporate, by the name of "The 
Montgomery and Cumberland Kiver Coal and Oil Company," with all the rights, powers, 
and privileges that are hereby granted to "The New York and Tennessee Petroleum and 
Mining Company." 

Sec. 13. Be it further enacted. That this act shall take effect from the date of its passage. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL K. ROUGEES, 

Speaker of the Senate. 

Passed June 10, 1865. 



CHAPTER XXXV. 

AN ACT to re-charter the Tennessee Marine and Fire Insurance Company. 

Section I. Be it enacted by the general assembly of the State of Tennessee, That Joseph 
Vaulx, Wm. T. Berry, Samuel J. Carter, Joseph B. Knowles, Samuel Watkins, Jolm M. Hill, 
James A. McAllister, or any three of them, be, and are hereby, authorized to open subscrib- 
tions in Nashville, for the capital stock of said company, on Monday, the 25th day of June 
next, and keep them open every day between the hours of 1 a. m. and 4 p. m., until'Saturday, 
4 o'clock p. m., the 30th day of the same month : Provided, The present stockholders in said 
company sluiU have the right to .subscribe for stock not exceeding the amount now held by 
them in said company ; and the subscribers to the stock of the company, and their success- 
ors, shall be, and they are hereby declared to be, a body politic and incorporate, by the name 
and style of the "Tennessee Marine and Fire Insurance Company," and by that name shall 



70 ADMISSION OF TENNESSEE. 

60 continue nntil the first tlay of January, eiplitcen hundred and ninety-tive, and be capable 
in law to sue and be sued, jtload and be imi)l(;ade<l, answer and be answered, dclend and bo 
defendi'd, in all eoin-fs of law and equity, or elsewhere; and to make .ind use a eoiumou s?al, 
and tlie same to altrr or renew at their ph^asure; and {generally to do and perform all thinj^s 
relative to tiie objects of this institution which now is or shall be lawful for any individual or 
body politic or corjjorate to do. 

Sec. 2. Be it further enacted. That the capital stock of this company shall be one hundred 
thousand dollars, to be increased at the jileasure of the stockholders, not to exceed three hun- 
dred thousand dollars, divided into shares of fifty dollars each: fifteen dollars on each share 
shall be jiaid at the time of subscribino;, and ti'U dollars on each share shall at the same time.be 
secured by nej^otiable notes with security, to be a|)proved by the president ajid directors, 
payable in one of the banks of Nashville, in ninety days from the date, to the jiresident, 
airectors and company of said "Tennessee Marine and Fire Insurance Company:" the 
balance of said stock sliull lie secured by notes not havintr more than six months to run, with 
personal security, to be ajipnived by the president and directors. 

Sec. 3. Be it further rnurtid, That so soon as five hundred shares are subscribed for and 
paid, or secured to be paid, the company shall be competent to transact all kinds of business 
for which it is established ; and it shall be lawful for the stockholders to meet as hereafter 
directed and choose their directors. 

Sec. 4. Be it further rntictcd, That said coi7)oration is hereby authorized and empowered 
to hold, possess, and accpun-, and the same to sell and convey, all such real estate as may be 
necessary for the transaction of its business, or which may be conveyed to said company for 
the security of any debt which may become due or 'owing-, or in satisfaction of any jndf^nient 
or decree rendered in favor of said company, and may make such regulations as may bo 
necessary and proper for the pood government ot said company. 

Sec. .^). Be it further enacted. That the said Tennessee Marine and Fire Insurance Com- 
pany shall have full power and authority to make insiu'ances on ships and other sea vessels, 
andiqion steamboats, tlat-boats, and other river boats ; upon freight, seamen's wages, wares, 
and merchandise, and gold and silver, bullion, or money, against all maritime risks of the 
rivers, seas, or lakes ; and upon houses, stores, and other buildings, goods, wares, merchan- 
dise, furniture, and other articles against fire, and upon bottomry and respondentia, and fix 
a premium thereon. And the said company shall have power — first, to fake insurance on 
lives ; second, to receive and hold land under grants, with geueral or special covenants, 
so far as the same may l)e necessary for the transaction of their business; or when the 
same may be taken in payment of debts due thi; company, or purchased upon sale made 
under any law of this State, so tar as the same may be necessary to protect the rights of said 
comjiany, and the same again to sell, convey, and dispose of; and generally to do and per- 
form all other things necessary to promote these objects. 

Sec. 6. Be it further enacted, That it shall be lawlul for said company to invest any part 
of its capital stock, money, fund, or other jirojierty, in any public stock or funded debt, 
created or to be created, by or under any laws of the United States or this (or any other) 
State, or in the stocks of any chartered bank in this Stati' or of the United States, and the 
same to sell or transi'er at jileasure; and again, to invest the; same whenever and so often as 
the exigencies of said company or a due regard for the safety of its fmads shall retpiire ; or 
they may loan the same, or any part thereof, to individuals or jniblic corporations, on real or 
personal security, for such periods of time as the directors for the time being shall deem pru- 
dent and best for the interests of said company. , 

Sec. 7. Be it further enacted. That the real and personal estate, business, jiroperty, and 
fund of said company, and the adnnnistration of its affairs, shall be under I lie direction, 
managi-nient, and control of a board of eleven directors, each of whom shall be owners in 
their own names of not less than ten shares of the capital stock of said company, citizens of 
the United States and of this State. 

Sec. 8. Be it further enacted, That an election shall be lield after the first election, for the 
board of din-ctors for said comjiany, at the office of said coiii]iany in Nashville, on the first 
Monday in October in each year and every succei'ding year, of which ten days' notice shall 
be given in at least two of the newspapers printed in Nashville, each shareholdiT giving (me 
vote for each share of which he or she may be tiie owner, but no shareholder shall be entitled 
to more than thirty-five votes ; and the persons so elected shall serve as directors for the next 
succeeding twelve months; and if at any time an election shall not be held as herein jiro- 
Tided, the said com])any shall not lie dissolved; but the board of directors for the time being 
shall serve until another election takes place, which may be at anytime thereafter, the board 
for the time lieing giving at least ten days' notice thereof in two of the newspapers printed at 
Nashvilh' ; and the said directors are hereby authorized to till any vacancy that may happen 
through death, resignation, or otherwise. 

Sec. 9. Be it further enacted, That the directors so elected shall elect one of their body 
president of said comjamy, who shall serve until the next annual election; and in case of his 
death, resignation, or removal, the lioard shall ajipoint a president pro teniporc ; they shall fill 
all vacancies which nuiy occur in their own body, and shall apjioint a secietary, and all sub- 
ordiinite officers, clerks, agents, and servants of said eomiiany ; fix their compinsation, define 
tlieir powers, and prescribe their duties ; who shall hold their offices dining the pleasure of 
the board. 



ADMISSION OF TENNESSEE. 71 

Sec. 10. Be it further etiartnl, That the president and four directors, or five directors in the 
absence of the president, i<luill constitute a quorum to transact business for said company. 
The board of directors shall have full power and authority to establish agencies in this State, 
and any other State or States, appoint anjents and other assistants for conducting the business 
of the same, and prescribe the mode and amount of their compensation ; to appoint from 
their own body, risk and other committees, and establish by-laws and other regulations 
deemed necessary for the proper management of the business of said company. 

Sec. 11. Be it further enacted, That the stock of said company shall be held and considered 
personal property, and it shall not be assigned or transferred, except on the books of the 
company, and with the assent of two-thirds of the directors, and in the manner and forms 
which shall be prescribed by the board of directors ; yet such stock to be liable for the satis- 
faction of debts, as prescribed by law. 

Sec. J 2. Be it further enacted, That on the first Mondays of October and April of each year 
half-yearly statements shall be made exhibiriug a true statement of the condition of the com- 
pany, which shall be laid before the stockholders, and such dividends may be made as the 
president and directors may deem advisable, but they shall in no case diminish the capital stock. 

Sec. 13. Be it further enacted, That if at any time a stockholder shall fail to pay such 
instalments on his stock as may be called for at the time and in the manner prescribed, the 
board of directors, for the time being, shall have full power to declare such stock forfeited, 
and shall, after giving ten days' notice thereof, offer the same for sale, at public auction, to 
the highest bidder, for cash, and the number of shares so sold shall be transferred by the 
president of the board of directors to the highest bidder, who shall, by virtue of such transfer, 
become a member of said company, and if the sum bid be not equal to the amount paid and 
the call for which it is sold, the company may proceed to collect the residue from the original 
stockholder by suit in any court or tribunal of this State having jurisdiction thereof. 

Sec. 14. Be it further enacted. That the board of directors shall have the power at any 
time, when, in their opinion, the interest of the company requires it, to demand of any stock- 
holder additional security for such part of his stock as may remain unpaid, and if such stock- 
holder fail or refuse to give such additional security to the satisfaction of the board of directors, 
they may declare such stock forfeited, and sell the same as provided for in the preceding section. 

Sec. 15. Be it further enacted. That so soon as the amount of stock mentioned in the third 
section of this act is subscribed for, and after five days' notice in two of the newspapers 
published in Nashville, signed by any three members of the company, the stockholders shall 
meet at such time and place as may be appointed within the city of Nashville, and elect, by 
ballot, the first board of directors— a plurality of votes given shall elect— and the persons so 
elected shall, at their first meeting, elect one of themselves president of the board, who, with 
said directors, shall serve unril the first Monday in October, 1866, and unril another board of 
directors is elected. 

Sec. 16. Be it further e^mcted, That no stockholder or member of this company shall be 
answerable in his person or individual property for any contract or agreement of said com- 
pany, or for any losses, deficiencies, or failures of the capital stock of this company, but the 
whole of said capital stock, together with all property, rights, and credits belonging thereto, 
and nothing more, shall, at any time, be answerable for the demands against said company : 
Provided, That any director, or directors, who shall sanction or aid in the continuance of 
said company after it shall become insolvent and unable to meet its liabilities, and said tact 
known to the directors, shall be held personally responsible for all deposits thereafter made, 
or liabilities thereafter incurred, by said company. 

Sec. 17. Be it further enacted, That nothing herein contained shall be so construed as to 
give the company hereby created the power of issuing bills of credit or exercising banking 
privileges. 

Sec. 18. Be it further enacted. That nothing herein contained shall be so construed as to 
prevent the legislature from granting similar powers and privileges to similar associations. 

Sec. 19. Be it further enacted. That the company hereby created shall have all the rights 
and privileges that belong by existing laws or that may hereafter be granted to other insur- 
ance companies of this State. 

Sec. 20. Be it further enacted. That should the requisite amount of stock not be subscribed 
by the time specified in section one, those appointed to open subscriptions, or any three of 
them may, from time to time, re-open books for the subscription of stock in this company, 
until the' proper amount be taken : Prodded, The time allowed for said subscriptions shall 
terminate on the first day of December next. 

Sec. -21. Be it further enacted. That a bonus to the State of half of one per centum upon 
their capital be paid for the use of common schools in the State of Tennessee. 

Sec. 22. Be it further enacted. That the law requiring the Union Insurance Company and 
the Life Insurance Company, called "The East Tennessee Mutual and Trust Company," 
to deposit with the comptroller of the State twenty thousand dollars of six per cent, bonds of 
the State be, and is hereby, repealed. 

Sec. 23. And be it further enacted, That this act shall take effect from and after its passage. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL K. KODGERS, 

Passed June 10, 1865. Speaker of the Senate. 



72 ADMISSION OF TENNESSEE. 



Resolutions. 

NUMBER I. 
JOINT RESOLUTION to conii)an' the vote for goveruor. 

Resolved by the general assemhly of the Slate of Tennessee, That the two houses meet in the 
repri'sentatives' hall, on Tuesduy the 4th instant, tor the purpose of coniparinp^ the vote cast 
in the election for governor, held on the 4th day of March, JHd"), in the State of Tennessee. 

AVILLIAM IIEISKELL, 
SpcaUer of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



NUMBER II. 
A JOINT RESOLUTION of respect to the, memory of Hon. Samuel K. McCammon. 

L Resolved by the general assembly of the State of Tennessee, Tliat we deeply regret the 
death of Hon. Samuel McCammon, joint representative from the counties of Knox and Sevier; 
that in his death this body has lost an experienced and useful member, the State a good 
citizen, the government a lirm and ardent supporter. 

2. Resoleed, That we sympathize with his bereaved wife and children, and, as a token of 
respect for his memory, that we wear the usual badge of mourning for thirty days. 

3. Resolved, That u copy of these resolutions be torwarded to his widow, and the same bo 
spread on the journal of this house. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAJVIUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



NUMBER III. 

SENATE RESOLUTION to print rules for its government. 

Resolved, That one hundred copies of the rules of 1859 and IrtCtl, adopted on j-esterday, 
be published for the use of the senate. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



NUMBER IV. 

SENATE RESOLUTION fixing number of papers to be taken by members. 

Resolved, That the members of the senate select each three of the daily papers of this 
city and no more, and that the same be paid fur out of the Stat<' treasury. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



NUMBER V. 
SENATE RESOLUTION inviting General Thomas to a seat in the senate. 

Resolved, That Major General George H. Thomas be invited to visit the senate, and that a 
committee of thiee be appointed to notify him of this invitation. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



ADMISSION OF TENNESSEE. 73 

NUMBER VI. 

SENATE RESOLUTION to open the senate with prayer. 

Resolved, That the daily proceedinp^s of the senate shall be opened by prayer, and to this 
end the speaker be authorized to invite the loyal clergymen present in the city to officiate. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



NUMBER VII. 
JOINT RESOLUTION to notify the governor of his election. 

Resolved hy the general assembly of the State of Tennessee, That a committee of two be ap- 
pointed on the part of the senate, and such committee as the house of representatives may 
appoint, to notify his excellency. Governor William G. Brownlow, of his election as gover- 
nor of the State of Tennessee, and request bim to designate what time will suit him to be 
inaugurated. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 4, 1865. 



NUMBER VIII. 
JOINT RESOLUTION to meet in convention to inaugurate the governor. 

Resolved by the general assembly of the State of Tennessee, That the senate will meet the 
house of representatives in the hall of the latter at 11 o'clock a. m., on to-morrow, to parti- 
cipate in the inauguration ceremonies. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 5, 1865. 

NUMBER IX. 

JOINT RESOLUTION adopting the amendments of the Constitution of the United States 

abolishing slavery. 

Resolved hy the general assemhly of the State of Tennessee, That the amendments of the 
Constitution of the United States proposed by the Congress of the United States on the first 
day of February, 1865, in the words and ligures following, to wit : 

^^Resolved by the Senate and House of Representatives of the United States in Congress as- 
sembled, (two-thirds of both houses concurring, ) That the following article be proposed to 
the legislatures of the several States as an amendment to the Constitution of the United 
States, which, when ratitied by the legislatures of three-fourths of said States, shall be valid, 
to all intents and purposes as a part of the Constitution, namely : 

"Article VIII. 

"Section 1. Neither slavery nor involuntary servitude, except.as apunishment for crime, 
whereof the party shall have been duly convicted, shall exist within the United States or 
any place subject to their jurisdiction. 

" Sec. 2. Congress shall have power to enforce this article by appropriate legislation. 

" A. LINCOLN. 
"Approved February 1, 1865." 

Be, and the same is hereby, ratified as a part of the Constitution of the United States of 
America. 

WILLIAM HEISKELL, 

Speaker of the House of Rcprcsrntntives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 5, 1865. 



74 



ADMISSION OF TENNESSEE. 



NUMBER X, 



A JOINT RESOLUTION tendering tlio thanks of tlie general assembly of the State of 

Tennessee to Gen. Thomas. 

WllF-RKAS, The major <Tenoral oommandinp: the department of the Cumberland lias directed 
Bri'vet Brigadier General Donaldson, chief quartermaster, to give free transportation on 
United States military railroads to senators and representatives of the State, and the quarter- 
master has recpicsted, in writing, that the inforiiiation be furnished to him : tiierefore, 

lit st>J veil Inj the trrncral asseiiihly of the State of Tcnnrxser, That the tlianks of the general 
assembly of the State of 'I'ennessec are. hereby tendered to Major General Thomas, com- 
manding, for his kindness and liberality; and that the clerk of the senate furnish to Brevet 
Brigadier General Donaldson a list of the names of the senators, and that the clerk of the 
house furnish a list of the names of the members of the house and their officers and reporters, 
in coiuplianco with his request. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives, 
SAMUEL K. RODGKKS, 

Speaker of the Senate. 
Adopted April 10, 1865. 



NUMBER XL 

JOINT RESOLUTION tendering the thanks of the loyal people of Tennessee to the legis- 
lature of Ohio. 

Whereas the legislature of Ohio did, on the 31st day of March, 18()4, pass a joint reso- 
lution instructing their senators and requesting their re|)resentatives in Congress to use their 
influence to have enacted proper laws to feed, clothe, and furnish transportation to the desti- 
tute people of East Tennessee, who by the ravages of war Avere compelled to leave their 
homes and seek homes in a strange land amongst strangers; and Avhereas said resolution 
was, in the opinion of the j)Cople of P^ast Tennessee, one of the legitimate offsprings of the 
patriotism and love of country of the gallant and self-sacrificiug people vf Ohio, and strength- 
ened the bonds of friendship and brotherly love existing between the loyal people of Ten- 
nessee and Ohio : Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That the thanks of the 
loyal people of the State of Tennessee are hereby tendered to the, legislature of Ohio for this 
manifestation of their confidence and esteem, and for this Christian and patriotic offer to 
relieve the destitute of our State. 

Resolved, That the secretary of State be, and he is hereby, instructed to transmit imme- 
diately a copy of this preamble and resolutions to the secretary of state of Ohio, with a 
request that he lay the same before the legislature of said State now in session. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Adopted April 11, 1865. 



NUMBER XII. 

JOINT RESOLUTION directing the State treasurer to pay to members of the legislature 

the amount due them. 

Resolved by the general assembly of the State of Terinessee, Tliat the acting treasurer of the 
State pay tr) each member of the senate and house of representatives, and the officers thereof, 
the amount that may be due them when thej' ap})ly for the same, and take a receipt for the 
same, which shall be good at the close of the session in the settlement of their accounts. 

WILLIAM HEISKELL, 
Speaker of the House of R( prfsentativcs. 
S^UIUEL R. "RODGERS, 

Speaker of the Senate, 
Adopted April II, 1865. 



ADMISSION OF TENNESSEE. 75 

NUMBER XIII. 

JOINT RESOLUTION to elect a secretary of state. 

Whereas a vacancy has occurred in the office of secretary of state : Therefore, 
Resolved hy the ((enerul assembly of the State of Tennessee, That the seuate and house of 
represeutativts met't in conveutiou in the representative hall, on Monday, the 17th day of 
April, at 2 o'clock, p. m., to fill said vacancy. 
^ WILLIAM HEISKELL, 

Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 12, 1865. 

NUMBER XIV. 

JOINT RESOLUTION to raise a committee on the State library. 

Resolved by the general assembly of the State of Tennessee, That a joint committee be ap- 
pointed on the State library, two on behalf of the senate and three on behalf of the house of 
representatives. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker uf the Senate. 
Adopted April 12, 1865. 

NUMBER XV. 

JOINT RESOLUTION to appoint a joint committee of the tvro houses to report joint rules 
and regulations for the government of both houses. 

Resolved by the general assembly of the State of Tennessee, That the speaker of the senate 
appoint a committee of three, to act in conjunction with such committee as may be appointed 
on the part of the house of representatives, to report joint rules and regulations for the govern- 
ment of the two houses. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 12, 1865. 

NUMBER XVI. 

JOINT RESOLUTION to raise a joint committee to redistrict the State. 

Resolved by the general assembly of the State of Tennessee, That a committee of five on the 
part of the senate, and such number as the house of representatives may appoint, shall con- 
stitute a joint committee, who shall report a bill redistrictiug the State for members of Con- 
gress, and senators and representatives to the State legislature, as required by law. 
^ WILLIAM HEISKELL, 

Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 12, 1865. 

NUMBER XVII. 

JOINT RESOLUTION to appoint a committee to investigate the past and present condition 
and management of the penitentiary. 

Resolved by the general assembly of the State of Tennessee, That the committee on the peni 
tentiary be, and they are hereby, constituted a joint counnittee to investigate the past and 
present condition and management of the penitentiary, and that they be authorized to send 
for persons and papers. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 
Adopted April 14, 1865. Speaker of the Senate. 



76 ADMISSION OF TENNESSEE. 



NUMBER XVIII. 

JOINT IvESOLUTION appoiutiug a committee to report what action should bo had with 
reference to the death of President Abraham Lincoln. 

Whereas the members of the general assembly have learned with sadness and sorrow of 
the nielanclioly death, by assassination, of Abraham Lincoln, lute Tresident of the United 
States, tiicrct'ore be it — 

h'lsolcid III) the gincral assrinhly of the State of Tennessee, That there be a joint committee 
of live in the senate and five in the house of ropn-sentatives, to be appointed by the re- 
spective speakers, to take into consideration aud report what action hiiould be taken by the 
legislature on the mournful and sorrowful occasion. 

WILLIAM IIEI8KELL, 
Speaker of the J louse of liepnscntatives. 
SAMUEL li. HODGE RS, 

Speaker of the Senate. 
Adopted April 17, 1865. 



NUMBER XIX. 

JOINT RESOLUTION expressing the sense of the general assembly on the death of Presi- 
dent Abraham Lincoln. 

Whereas the death of Abraham Lincoln, President of the United States, in the full vigor 
of his physical and mental faculties, by the hand of an assassin, is a bereavement that ex- 
tends to all parts of the nation ; and particuhirly does it affect the people of those States 
who have for years been suffering from the weight of military rule, made necessary by the 
rebellion, and who were endeavoring to restore their political relationship to the government 
of the United States ; 

Whereas, in ids death, the nation mourns the loss of one of her most gifted and worthy 
sons — the highest oiificer, the President, and slain because he was the President of the 
United States, it is right and proper that the general assembly of the State of Tennessee 
should express, as such, in an appropriate manner, its sorrow at his death ; its condemna- 
tion of the assassin who committed it, and the men who plotted the hellish deed ; its appre- 
ciation of the high intellectual, moral, and social ([ualities which ever characterized his pri- 
vate life; and its approval of the large-hearted patriotism which marked his administration, 
showing that his course of action was impelled by humaiuty, rather than calculation ; 

Whereas the laborious duties of the executive office during the trying times of the great 
rebellion gave am])le scope to a heart full of sympathy and warm affections. As President, 
he had a wide Held tor manly action. There was displayed his love of the right and his 
scorn for the wrong. Here his large-heartcdness was nuide conspicuous, and his generosity 
and charity bore fruit. He was, as President, a model. The honors he coveted were hon- 
orable. With a wise and lofty patriotism, unsurpassed by any, he applied the powers of his 
great mind to work out the true principles upon which the union of the States could be pre- 
served. The measures jjroposfd were as nothing, unless they were calculated to accomplish 
the end so earnestly dt'sired. His recommendations were always directed towards its main- 
tenance, and were uniformly enforced with a facility and aptness of illustration which seemed 
inexhaustible ; 

Whereas Abraham Lincoln'soriginality of manner, his humor, wit, sarcasm, and wondrous 
powers of ridicule, were wea])ons particularly his own, which no one else could imitate. Add 
to these qualities courage, will, and iudomitabU; persistency of purpose, which never flagged 
or faltered, and he was a power felt and acknowledged by the nation. Take him all in all, 
it will be long ere we look upon his like again ; 

Whereas he is dead; but the da^s of his pilgrimage, although in troublesome times, were 
full of honor, love, and troops of friends. The nation mourns. Peace be with him. There- 
fore, 

Be it rcsolrcd by the general assembly of the Slate of Tennessee, That, in the death of Abra- 
ham Lincoln, President of the United States, we wouru in heart-felt sorrow the loss of the 
nation. 

Resolved, That in token of his memory wc wear the usual badge of mourning, and that 
our respective halls be draped in the lialiiliments of woe. 

Hesolred, That wc cannot liiid language strong enough to express our condemnation of 
tlie assassin who performed, and the conspirators who plotted, the deed, and heartily de- 
sire that they meet a speedy and deserved punishnu^nt. 

liisulccd. That we d(K'])ly condole with the family of the deceased in this the hour of 
theii great IxMcavement, and fully symjiathize with them in their terrible afHiction and over- 
whelming grief. 



ADMISSION OF TENNESSEE. " 77 

Rcsolvef}. That a copy of these resolutions be forwarded to the family of the deceased by 
the secretary of state. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGEES, 

Speaker of the Senate. 
Adopted April 17, 1865, 



NUMBEK XX. 

JOINT RESOLUTION to support the administration of President Johnson. 

Resolved hy the general assembly of the State of Tennessee, That confidino^ in the patriotism 
and integrity of Andrew Johnson, we will give his administration of the government the same 
cordial support accorded by the loyal people of the nation to his predecessor. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL E. EODGEES, 

Speaker of the Senate. 
Adopted April 17, 1865. 



NUMBER XXI. 

JOINT EESOLUTION requesting the governor of the State to communicate certain facts 
to the President of the United States. 

Believing that the time has arrived in the political status of the State of Tennessee when 
the loyal people of said State are anxious and desirous that civil law and order should be re- 
stored and prevail throughout the borders of the whole State, and that they should once more 
be permitted to resume their political and social relations with the government of the United 
States of America — to accomplish this end, therefore, be it 

Resolved by the general assembly of the State of Tennessee, That his excellency, the governor 
of the State of Tennessee, is hereby requested to make known to the President of the United 
St.ates the actions and proceedings of the late State convention, begun and held in Nashville 
on the 9th day of January, 1865, with regard to the amendments to the constitution of the 
State of Tennessee ; also of the ratification of said amendments by the loyal peojsle of said 
State, at the ballot-box, on the 22d day of Febraary last. 

Resolved, further, That his excellency, the governor, also make known to the President of 
the United States the action of the present legislature of the State of Tennessee upon the 
adoption of the amendment to the constitution of the United States ; and that he respectfully 
request the President of the United States to make known to the loyal citizens of the State 
of Tennessee, by proclamation or otherwise, that the State of Tennessee be no longer con- 
sidered in a state of insuiTection, and that the loyal people of said State be granted all the 
rights and privileges that are granted or allowed to the loyal citizens of any of the sister 
States that are not considered in a state of rebellion against the government of the United 
States. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL E. EODGEES, 

Speaker of the Senate. 

Adopted April 21, 1865. 



NUMBEE XXIL 
JOINT RESOLUTION allowing mileage to Messrs. Grantham and Tighe. 

Resolved by the general assembly of the State of Tennessee, That Willis Grantham, the appli- 
cant for the seat of Furney Jones, from the county of Claiborne, and Samuel Tighe, the 
contestant for the seat of M. T. Eyder, from the county of Shelby, be allowed their mileage 
and per diem up to this day, and that the amount so appropriated be included in the general 
appropriation bill ; . it appearing to the satisfaction of the legislature that their claims were 
meritorious, if not legal. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL E. EODGEES, 

Speaker of the Senate. 
Adopted April 22, 1865. 



78 ADMISSION OF TENNESSEE. 

NUMBER XXIII. 

JOINT RESOLUTION to meet in couvcntion to elect a comptroller. 

Whereas a vacancy has occurred iu the ottice of the comptroller of the treasury ; There- 
fore, be it 

Jiesolved by the general assr7iil)l!j of the Slate of Tenticstiee, That the senate and house of 
representatives meet iu couvoutiou ou Tuotday, the 'ioth day of April, at 10 o'clock a. m., 
to till said vacancy. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
S^UIUEL R. RODGEKS, 

Speaker of the Senate. 
Adopted April 22, 1865. 



NUMBER XXIV. 

JOINT RESOLUTION raising a joint committee on ways and means. 

Resolved by the general assembly of the State uf Tennessee, That the committee on finance 
and ways and means of the striate, and the committee on ways and means of the house of 
representatives, shall constitute a joint committee ou ways and means. 

WILLL\M HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. KOD(iEKS, 

Speaker of the Senate, 
Adopted April 24, 1865. 



NUMBER XXV. 

JOINT RESOLUTION to meet in convention to elect registers of land offices. 

Resolved by the general assembly of the State of Tennessee, That the senate will meet the 
house of representatives in the hall of the latter on the 2'Jth instant, at 11 o'clock a. m., to 
elect registers of the land offices for the districts of Eastern, Middle, Western, and the moun- 
tain district of Tennessee. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 24, 1865. 



NUMBER XXVI. 

JOINT RESOLUTION for the benefit of V. Myers. 

Resolved by the general assembly of the State of Tennessee, That the comptroller of the 
treasury of the State pay V. Mj'ers, contestant for the seat in the 4th senatorial district, the 
mileage and per diem that would have been due him if he had been admitted to his seat. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate, 
Adopted April 24, 1865. 



NUMBER XXVII. 

JOINT RESOLUTION to meet in convention to elect secretary of state. 

Resolved by the general assembly of the Stale of Tennessee, That the senate meet tlie house 
of repre.sentiiiives in joint convention in the hall of the latter on Thursday, the 27th instant, 
at IU o'clock, lor tlio i)uri)ose of electing a secretary of state. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAJMUEL R. ROlXiKRS, 

Speaker of the Senate. 
Adopted April 23, 1865. 



ADMISSION OF TENNESSEE. 79 

NUMBER XXVIII. 

JOINT RESOLUTION to meet in couvention to elect a treasurer and secretary of state. 

Resolved by the general assembly of the State of Tennessee, That the senate meet the house 
of representatives in the hall of the latter on the 27th instant, at 10 o'clock, to elect a State 
treasurer at the same time of the election of secretary of state. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 
Adopted April 25, 1865. Speaker of the Senate. 



NUMBER XXIX. 

JOINT RESOLUTION in regard to the State library. 

Resolved by the general assembly of the State of Tennessee, That the State library be 
opened during the meeting of the general assembly, from 8 o'clock a. m., until 5 o'clock p. 
m., continuously. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 
Adopted April 27, 1865. Speaker of the Senate. 

NUMBER XXX. 

JOINT RESOLUTION to meet in convention to elect Senators to the United States Con- 
gress. 

Resolved by the general assembly of the State of Tennessee, That the senate meet the house 
of representatives in the hall of the latter on Thursday, 4th of May next, at 10 o'clock, for 
the purpose of electing two Senators to the next Congress of the United States. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 
Adopted April 24, 1865. Speaker of the Senate. 



NUMBER XXXI. 

A JOINT RESOLUTION to declare the office of comptroller of the treasury of the State of 

Tennessee vacant. 

Whereas the two houses met in convention in the representative hall on the 25th of April 
and voted for a comptroller ; and whereas a majority of the votes cast in said election was 
for Hon. J. R. Dillon for said office ; and whereas part of the tenth section of the second 
article of the constitution of the State of Tennessee is as follows, viz : " No senator or rep- 
resentative shall, during the time for which he was elected, be eligible to any office or place 
of trust, the appointment of which is vested in the executive or the general assembly, except 
to the office of trustee to a literary institution;" and whereas it appears from the above 
recited clause of the State constitution that Mr. Dillon was not eligible to said office on ac- 
count of his holding a seat in this legislature : Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That we now declare the 
office of comptroller of the treasury of the State of Tennessee now vacant and should be 
filled by the election of some competent and eligible person to fill said vacancy. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 29, 1865. 



NUMBER XXXIL 

JOINT RESOLUTION to meet in convention to elect a public printer. 
Resolved by the general assembly of the State of Tennessee, That the members of the senate 
and the house of representatives meet in the hall of the house on Tuesday, the 2d day of 
May, for the j^urpose of electing a public printer. 

W^ILLIAM HEISKELL, 
Speaker of the House of Representatives. 
%. SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 29, 1865. 



80 ADMISSION OF TENNESSEE. 

NUMBER XXXIII. 

JOINT RESOLUTION to meet in convention to elect a State librarian. 

Resolved hij the general assembly of the State of Tennessee, Tli.it the two houses meet in 
convention in the hall of the hous<> of repn'sentativcs on Tuesday, the second day of May, 
at lU o'clock a. m., for the purpose of electing a State librarian. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted April 29, 1865. 



NUMBER XXXIV. • 

JOINT RESOLUTION offering a reward of five thousand dollars for the apprehension of 

Ishani G. Harris. 

Whereas treason is the highest crime known to the laws of the land, and no one is pre- 
sumed to understand the true meaning of the term better than governors of States, and cer- 
tainly no one should be held to a more strict account for their t'cason ; and 

Whereas the State of Tennessee, before the rebellit)n, enjoyed a high social, moral, and 
political position, and had the well-earned rej)utatiou of the Volunteer State ; and 

Whereas by the treason of one Isham G. Harris, ex-governor of Tennessee, the State has 
lost nullions \ii' di)llars, and thousands of the young men of the State have been killed in 
battle and died of disease, and thousands of the niiiUUe-aged and old men have been murdered 
and imprisoned, and defenceless women and children driven from the State, heart-broken and 
penniless ; and 

Whereas the voters of Tennessee did, in the month of February, 1861, by a majority of 
sixty thousand, repudiate treason and rebellion, but the aforesaid Isham G. Harris, well 
knowing the true sentiments of the State upon treason and relielliou, and wholly disregard- 
ing the overwhelming expression of popular sentiment, did use his position as governor as 
aforesaid, to put the State in rebellion and hostility to the government of the United States, 
and is guilty of treason, perjury, and theft, and is responsible to a great extent for the war, 
misery and death of thousarids of the citizens of the State, and for the desolation of the 
same from east to west and from north to south ; the cries of the wounded and dying, the 
Avail of the widow, the weeping of the orphan, come to us upon everj' breeze, imploring us 
to punish the instigators of the reliellion : Therefore, for tlii^ reasons aforesaid, be it 

Resolved hy the general assembly of the State of Tennessee, That the governor of the State 
is hereby authorized and instructed to offer a reward of five thousand dollars for the appre- 
hension and delivery to the civil authorities of the State the aforesaid Isham G. Harris; and 
be shall fully describe said fugitive from justice, and shall make publication for three months, 
or longer if lie may think proper, in one newspajjcr in each of the grand divisions of the 
State, and a jiajier jiublished in Richmond, Virginia; Raleigh, North Carolina; Savannah, 
Georgia: Little Rock, Arkansas ; New Orleans, Louisiana ; and shall publish the preamble 
with his proclamation. 

WILLL^M HEISKELL, 
Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 1, 1865. 



NUMBER XXXV. 

A JOINT RESOLUTION to meet the house in convention to elect a State comptroller. 

Resolved Inj the general assembly of the State of Tennessee, That the senate meet the house 
of representatives in joint convention on Thiusday, the second day of May, at ten o'clock, 
to elect a State comptroller. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGEKS, 

Speaker of the Senate. 
AdoptedMay 1, 18G5. '^ 



ADMISSION OF TENNESSEE. 81 

NUMBER XXXVI. 

JOINT EESOLUTION to raise a joint committee to wait on the national banks of the State, 

Resolved by the general assembly of the State of Tennessee, That a committee of three on the 
part of the senate, and such committee as the house of representatives may appoint, shall con- 
stitute a joint committee to ascertain what, if any, arrangements can be made with the 
national banks in each division of the State to receis^e the public funds of the State and dis- 
burse the same, as is now provided by law for the Bank of Tennessee and branches. 
Resolved, That said committee report as early as possible. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL E. RODGERS, 

Speaker of the Senate. 
Adopted May 2, 1865. 



NUMBER XXXVII. 

JOINT RESOLUTION to meet in convention to elect an entry-taker for the Ocoee district. 

Resolved by the general assembly of the State of Tennessee, That the senate and house of 
representatives meet in the hall of the latter on Tuesday, the second day of May next, for the 
purpose of electing a register and entry- taker for the Ocoee district, in the State of Tennessee. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 2, 1865. 



NUMBER XXXVIII. 

JOINT RESOLUTION appointing commissioners to settle with the Louisville and Nash- 
ville railroad. 

Resolved by the general assembly of the State of Tennessee, That the comptroller, secretary 
of state, attorney general of the State, and commissioner of public roads of the State of Ten- 
nessee, be, and are hereby, constituted commissioners, on behalf of the State of Tennessee, 
to meet and make a settlement with the Louisville and Nashville Railroad Company, and 
make a report thereof to this session of the general assembly, if practicable ; if not, to the 
next session of the same. 

Be it further resolved. That if such settlement cannot be made by said commissioners with 
said Louisville and Nashville railroad as shall be satisfactory to them, the fact shall be made 
known to the governor of the State, and he may direct the attorney general of the State to 
institute such legal proceedings against said company as may be necessary to protect the in- 
terests of the State. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 5, 1865. 



NUMBER XXXIX. 
JOINT RESOLUTION applying to the President for troops. 

Whereas the fourth section of the fourth article of the Constitution of the United States 
provides that the United States shall guarantee to every State of this Union a republican form 
of government, and shall protect each of them against invasion, and on application of the 
legislature, or of the executive when the legislature cannot be convened, against domestic 
violence ; and 

Whereas the State of Tennessee is one of the States of this Union, and is constantly in- 
vaded by armed bands of guerillas from the so-called Confederate States, and subject at all 
times to violence by domestic traitors, murdering and robbing the loyal citizens, stealing and 
carrying off their property, and hindering, delaying, and preventing the execution of the civil 
laws of the State; and 

Whereas the greater portion of the young and middle-aged loyal men are in the United 
States army, and the old men have neither arms nor ammunition, consequently defence- 
H. Mis. Doc. 55 6 



82 ADMISSION OF TENNESSEE. 

less, and tlic fitmncial condition of the State is such that it is impossible to create a fund to 
clofiic, anil, tt'ctl, and jmy troops for State defence, to meet the usual expenditure of tlie State, 
and provide lor tiie payment ot the iutcri'St ai-cruid on the bonds of tin- State, topctiicr witli 
Tennessee's portion of tlie twenty niiliiou a))porti(in((l anionfjst the States by an act of Con - 

fress of August, ItiGl, will be all, if notmoje than the people can possibly meet: Therefore, 
e it 
liotolred hij the general assembly of the Slate of Tennessee, That the lefrjslature of the State 
afiuvsaid, by virtue of the authority of thc^ fourth section of tlie fointh article of tlie Constitu- 
tion of the IJnited States aforesaid, do make tliis ap]dicatioii to his excellency Andrew John- 
son, Tresident of tlie United States, and comiiiaiKJer-iii-cliief of the army of the same, to place 
under the direction and control of the jiidjier military authority, in jmrsuance of the Consti- 
tution and laws of the United States, and under the control and direction of such authority 
as in his opinion may be riglit and proper, a suflicient number of Tennessee troops now iu 
the United States service to repel invasion, and drive tiie invader from the State, and sup- 
press any and all violence by armed domestic traitors, to prot(;ct loyal citizens, and aid and 
assist the civil officers in executing the civil laws of the State. 

Jiesolted, That the secretary of state shall, immediately after the passage of this resolution, 
transmit a copy of the same, together witii the preamble, under tlie great seal of the State, to 
the I'resideut of the United States, asking him to notify the legislature now in session, at as 
eaily a day as couTeuient, what action he will take in the premises. 

WILLIAM HEISKELL, 
Speaker of the House of liepresentatives. 
SAMUEL K. KO])(iEKS, 

Speaker of the Senate. 
Adopted May 9, 18C5. 



NUMBER XL. 
A JOINT RESOLUTION appointing a committee to memorialize Congress. 

Whereas, by the presence of the federal troops in the State of Tennessee, rendered neces- 
saiy by the armed resistance to the laws of the United States of a portion of its citizens, 
many military su]>plies have been taken from the loyal citizens of the State iu an irregtdar 
manner, and much damage has been done to the juopeity of unconditionally loyal citizens ; and 

Whereas, by article live of the amendments to the Constitution of the United States, it is de- 
clared that private property shall not be taken for public use without just compensation; and 

\^'bereas tlie loyal citizens of Tennessee are entitled to the same consideration and protec- 
tion as are the loyal citizens of any other State in the Union : Therefore, be it 

Resolved by the general assembly of the State of Tennessee, That a committee of two on the 
part of the senate, and five on the part of the house, lie appointed to prepare a memorial to 
the Congress of the L'nited States, setting forth tlie obligations of the government of the 
LTflited States to pay the loyal citizens of Tennessee for property taken from them by officers 
and soldiers of tlie United States, and paying that some legislation be had by Congress, 
making provisions to enable those loyal citizens who may have sustained losses in the man- 
ner already described to prove such losses, and that an appropriation be made by Congress 
to pay such loyal claimants. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 

Adopted May 10, 1865. 



NUMBER XLI. 

RESOLUTION of inquiry in relation to the Hermitage property. 

Resolved, That his excellency the governor be, and he is hereby, requested to communi- 
cate to the senate all the information in his possession in reference to the present status of 
the Hermitage property, including an account of its purchase by the State, the amount paid 
for it, and all sulisequent legislation in regard to it, and what acts of ownersliip have been 
exercised over it by the State, and all other information he may deem proper, as well as any 
recommendation he may have to ofl'or regarding its future management. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 12, 1864. 



ADMISSION OF TENNESSEE, 83 



NUMBER XLII. 

JOINT EESOLUTION raising a joint committee on the elective franchise. 

Resolved by the general assembly of the State of Tennessee, That the judiciary committee of 
the senate and the judiciary committee of the house of representatives compose a joint com- 
mittee on the subject of the elective franchise, and be instructed to bring in a bill on that sub- 
ject to-morrow for action on that day. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R RODGERS, 

Speaker of the Senate. 
Adopted May 16, 1865. 

NUMBER XLIIL 

JOINT EESOLUTION requesting the governor to lay before the legislature certain cor- 
respondence. 

Resolved by the general assembly of the State of Tennessee^ That the governor be, and is 
hereby, requested to lay before the legislature all correspondence, if any, he may have had 
with James T. Duulap, late comptroller of the treasury, relative to a return of the archives 
of the State ; also with Vernon K. Stevenson, president of the Nashville and Chattanooga 
Railroad Company, relative to said road ; also, with Granville C. Torbett, late president of 
the Bank of Tennessee, relative to a return of the assets of said bank, if, in the opinion of 
his excellency, the said information will not be detrimental to the public welfare. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker oftfie Senate. 
Adopted May 19, 1865. 



NUMBER XLIV. 

A JOINT RESOLUTION declaring certain civil offices vacant, and providing for filling of the 

same. 

Whereas a war has existed in the State of Tennessee for four years, and during the 
greater part of that time all civil tribunals have been closed, and most of the officers holding 
offices have wilfully abandoned their offices, and neglected or refused to perform the duties 
incumbent upon them by the laws of the land, and in pursuance of the Constitution of the 
United States and of the State of Tennessee; and whereas many of the civil offices thus 
abandoned and vacated have been filled by appointments made by the acting governor of 
the State since the 7th day of March, ld62, which should be ratified and confirmed: There- 
fore, 

Resolved by the general assembly of the State of Tennessee, That all civil offices of the 
State of Tennessee, to which their respective incumbents were elected and qualified previous 
to the 6th day of May, 1861 , and who, after such election and qualification, have voluntarily 
abandoned their offices and wilfully neglected and refused to perform the duties required of 
them by law, are hereby declared vacant. 

Resolved further, That all of the offices in the State of Tennessee that have been filled by 
appointment and election under the authority of the usurped State government, after the 
declared independence of the State of Tennessee, and after the 6th day of May, 1861, are 
hereby declared vacant. 

Resolved further, That all civil officers who have been appointed since the 7th day of May, 
1862, by his excellency Andrew Johnson, acting governor of the State, or who have been 
elected and qualified under his various proclamations, are hereby ratified and confirmed, 
and they shall continue to hold and exercise the fuuctlons of their respective offices until suc- 
cessors shall be elected and qualified as prescribed by the laws and constitution of the State 
of Tennessee and of the United States. 

Resolved further, That his excellency Wilfiam G. Brownlow, governor of the State, be, 
and he is hereby, requested, as soon as in his opinion he deems it advisable, to issue his 
proclamation ordering elections to be held in the lespective counties of the State where such 
vacancies have occinred, requiring the people of the State to fill such vacancies in pursuance 
of the laws of the State ; and in the mean time, until such elections are held, that he proceed 
and fill the vacancies by the appointment of suitable and proper persons until their successors 



84 ADMISSION OF TENNESSEE. 

slmll bo elected and qiinlified ; and the governor is clotlicd with'fnll power to appoint special 
oflicers to liold said elections for each county, with full jKiwer to ajipoint deputies to perform 
all the duties as now required by law, where no rcL^ular otticers are perfonnin-r civil duties. 

\V11>LIAM IIKISKKLL, 
Speaker oj the House of lirprrsentatives. 
SAMUEL K. R<^1)(;KKS, 

Speaker of the Senate. 
Approved May 20, 1865. 



NUMBER XLV. 

JOINT RESOLUTION to raise a joint committee, to examine into the condition of the 
Bank of Tennessee and branches. 

Resolved by the general issemhly of the State of Tennessee, That a joint committee of one 
from the senate and two from the house be ajipointed to examine the condition of the Bank 
of Tennessee and branches — a committee to the principal bank and one to each branch, with 
liberty to .send for persons and papers, and that they repoi't to the regular session in October. 

Committee on the part of the senate appointed under the above resolution. — Rogersville, 
Senator McKinney; Athens, Senator McElwee ; Sparta. Senator Bosson ; Columbia, Senator 
Frier.son ; Kuoxville, Senator Rodf^ers; Trenton, Senator Hall; Memphis, Senator Smith ; 
Clarksville, Senator Peart ; Shelby ville, Senator Sjience; Summerville, Senator Hurst. 

Committee of the house. — Principal bank at Nashville, Messrs. Cooper and Lewis; branch 
at Rof^ersville, Messrs. Willis and Minnis; branch at Knoxville, Messrs. Heiskell and Don- 
aldson; branch at Athens, Messrs. Henderson and Hood; branch at S])arta, Messrs. Ander- 
son and Faulkner ; branch at Columbia, Messrs. Arnell and Gilmer ; branch at Shelbyville, 
Messrs. Mullens and Steele; branch at Trenton, Messrs. McNair and Norman; branch at 
Memphis, Messrs. Richards and Rider ; branch at Somen-ille, Messrs. Smith and Warren ; 
branch at Clarksville, Messrs. Wines and MuUoy. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 

Adopted May 20, 1865. 



NUMBER XLVL 

JOINT RESOLUTION to authorize the secretary of state to take charge of the senate 
chamber and hall of the house of representatives. 

Resolved by the general assembly of the State of Tennessee, That the secretary of state, at 
the close of this session, shall have charge of the senate chamber, representative hall, and 
committee rooms, and cause all stationery, furniture, and other articles belonging to said 
halls, to be carefully preserved for the use of the next general assembly, and shall be allowed 
by the comj)troller all necessary expenses incuiTcd in preserving the same, and a reasonable 
compensation for his services. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 22, 1865. 



NUMBER XLVII. 

JOINT RESOLUTION to meet in convention to elect a keeper of the penitentiary. 

Resolved by the general assembly of the State of Tennessee, That the senate meet the house 
of representatives on Monday, JJUth instant, at 11 o'clock a. m., for the purpo.se of electing a 
keeper of the penitentiary. 

Wn.LIAM HEISKELL, 
Speaker of the House of Ripnsentatives. 
SAMUEL R. RODGERS, 

Speaker of the Setiate. 
Adopted May 22, 1865. 



ADMISSION OF TENNESSEE. 85 

NUMBER XL VIII. 

JOINT RESOLUTION of thauks to Major General Stoneman. 

Resolved by the general assembly of the State of Tennessee, That the thanks of the loyal 
people of the State are due to Major General George Stoneman for the great .skill and energy 
with which he conducted his two great raids into Virginia and North Carolina, by which he 
destroyed millions of dollars' worth of the enemy's means of warfare, capturing many of their 
forces, and effectually crippling them in their operations, and that he has our thauks for the 
ability and success with which he has conducted military operations in East Tennessee, and 
that he be furnished with a copy of this resolution, officially signed. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 22, 1865. 

NUMBER XLIX. 

JOINT RESOLUTION requesting information from the bondholders of Tennessee bonds. 

Whereas, in order to provide for the payment of the State debt when due and payable, and 
for the interest on the same now due, it is desired to know the amounts of State bonds out- 
standing, the numbers, dates, and names of holders : 

Resolved by the general assembly of the State of Tennessee, That the comptroller give public 
notice in one of the public prints of the cities of Nashville, Tennessee; Cincinnati, Ohio; 
Philadelphia, Pennsylvania; New York, and Boston Massachusetts, requesting each bond- 
bolder of the State bonds of the State of Tennessee to transmit to said comptroller, at his 
office at Nashville, a statement of his name, residence, the date and number of each bond, 
and the amount and character of said bond ; and that he make report thereof to this general 
assembly at its next session. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 22, 1865. 

NUMBER L. 

JOINT RESOLUTION directory to the attorney general of the State. 

Resolved by the general assembly of the State of Tennessee, That the attorney general of the 
State of Tennessee be, and he hereby is, directed to institute inquiry into aud investigate 
the title to the property situated in the city of Nashville, fronting on College aud Cherry 
streets in South Nashville, known as the Gun Factory, and recently used as hospital No. 1 ; 
and if the title is in the State of Tennessee, the said attorney general defend, on behalf of the 
State, the suit now pending in the United States court to libel and confiscate said property, 
and secure, if the same may be done, said property for the State. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 22, 1865. 

NUMBER LI. 

JOINT RESOLUTION taking charge of the assets of the Bank of Tennessee. 

Resolved by the general assembly of the State of Tennessee, That the governor, the secre- 
tary of state, and comptroller be, and they are, directed to take charge of the assets of the 
Bank of Tennessee, and the archives of the State, and receipt tor the same. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 29, 1865. 



86 



ADMISSION OF TENNESSEE. 



NUMBER LII. 

A JOINT RESOLUTION provuling for tlic iminlier of acts and journals of the legislature 
of 1865 to be printed for distribution. 

SkctioN I. Be it resolved by the general assembly of the State of Tennessee, Tliat there 
shall be printed of the aets of the present session of the legislature, for distribution among 
the several counties in the State, as follows: For every justice of the peace, one copy ; for 
each sheriff', one copy ; for each circuit court clerk, one copy ; for each county court clerk, 
ouo copy; for each chancery court clerk, one copy ; for each county trustee, county register, 
coroner, ranger, entry-taker, surveyor, and poor-house coaunissioner, one copy ; for the use 
of the trustees of academies in each county, one coi)y of the acts and joui'nals; for each of 
the clerks and doorkeepers of the house and senate, one copy. 

Sec. 2. lie it further resolved, That there shall also be printed, for distribution as afore- 
said, one copy of the journals of each branch of the legislature for each civil district in each 
county iu this State, to wit : 



Counties. 


« 
O 

6 


»-5 
02 
O 

6 


K 

o 
6 


Counties. 


09 

O 

d 

!2; 


w 
o 
6 


o 
d 




34 
39 
45 
37 
50 
31 
39 


12 
14 
17 
13 

19 
10 
14 
11 
12 
12 
12 
10 
12 
13 
19 
24 
16 
14 
11 
12 
14 
17 
18 
14 
15 
12 
17 
2] 
20 
17 
16 
10 
18 
19 
17 
8 
13 
20 
12 
25 
24 
J5 


12 
14 
17 
13 
19 
10 
14 
11 
12 
12 
12 
10 
12 
13 
19 
24 
16 
14 
11 
12 
14 
17 
18 
14 
15 
12 
17 
21 
20 
17 
16 
10 
18 
19 
17 
6 
13 
20 
12 
25 
24 
15 


Macon 


35 
43 
47 
41 
37 
31 
43 
33 
32 
46 
45 

3;) 
50 
35 
35 
47 
27 
55 
40 
37 
30 
31 
65 
43 
47 
37 
59 
47 
48 
44 
35 
43 
43 
63 
31 
5() 
55 
42 
39 
65 
32 


12 
16 
IS 
14 
13 
10 
16 
11 
10 
16 
17 
25 
12 
19 
12 
12 
18 
8 
22 
14 
13 
12 
10 
25 
i6 
17 
13 
24 
18 
18 
16 
12 
15 
16 
25 
10 
21 
20 
15 

'1 

25 
10 


12 




McNairy 


16 


Blouut 


Madison 


18 


Bradley 


Overtou 


14 




Obion 


13 




Polk 


10 




Putnam 


16 






11 


Claiborne 

Cocke 


35 
35 
35 
30 
35 
38 
51 
68 
43 
39 
33 
35 
39 
46 
49 
39 
44 
35 
45 
54 
51 
45 
45 
3] 
48 
52 
46 
27 
37 
51 
35 
64 
51 
42 


Rhea 


10 


Roane 


16 




Ruliertson 


17 




Rutherford . .. 


V5 


Cheatham 

Cottee 




V? 


Sumner 


19 


Carroll 


Sevier 


19, 




Scott 


12 


DeKalb 


Sullivan 


18 




Sequatchie. . ... 


8 




Smith 


22 




Shelby 


14 




Tipton 


13 




Union . ... 


V? 




Van Buren .... . . 


10 


Hardin .. 


Wilson 


25 




Warren 


16 




Wayne 


17 




White 

Williamson 


13 




24 


Henrv . . .... . . 


Washington 


18 




W^eakley . ...... 


18 




Franklin.. .. .. . . 


16 


Johnson 


Fentress 


12 




Fayette 


15 


Knox . 


Grainger 


16 


McMinn 


Green 


'.>n 




G rundy 


10 


Marion . ... 


Gibson .. 


21 


Monroe . . 


Giles 


20 


Morgan . .. 


Lawrence . 


15 


Maury 


Lewis 


11 


Montgomery 




2r> 


Marshall 


Lauderdale . ... 


10 









ADMISSION OF TENNESSEE. 87 

Sec. 3. Be it further rasnlruL That there shall also lie printed and bound for each mem- 
ber of the senate and house of representatives one cojiy of the acts and one copy of the 
journals, both of the house of representatives and the senate ; for the office of the secretary 
of state, two hundred copies of the acts and fifty bound copies of the journal of each house; 
for each department of tlie government of the United States and for the United States library, 
one copy of the acts ; for each judge of the supreme court, for each judge of the circuit 
court, for each judge of the criminal court, for each chancellor, for each county judge 
in the State, for each judge of the criminal and common law court in this State, one copy 
of the acts ; for each of the supreme and criminal court clerks, one copy of the acts ; for each 
attorney general, one copy of the acts ; for the treasurer and comptroller, one copy of the 
acts; and for each State and Territory and the District of Columbia, two copies of the acts. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS 

Speaker of the Senate 
Adopted May 29, 1865. 

NUMBER LIII. 

A JOINT RESOLUTION in relation to a certain class of Tennessee Union soldiers who 
lost their lives in the army of the Union during the rebellion. 

Whereas a large number of Tennessee soldiers have died and been killed in battle while 
serving the United States against a hostile rebel foe, without having been duly mustered 
into service, and there being great deficiency in the records of the State pertaining thereto : 
Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That the adjutant general 
of the State be, and he is hereby authorized to perfect — in a well-bound book to be kept for 
that purpose — a complete record of all Tennessee soldiers who have belonged to the United 
States service during the present rebelhon, with such historical remarks as will enable them 
or their families to obtain such bounty, arrears of pay, &c., as may be due them, and that 
he be allowed such compensation for his services as may be determined by subsequent legis- 
lation. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted May 29, 1865. 

NUMBER LIV. 

JOINT RESOLUTION directory to the trastees of the Tennessee hospital for the insane. 

Whereas William A. Cheatham, M. D., late superintendent and physician of Tennessee 
hospital for the insane, has been called upon, by a resolution of the Senate,^ to commtinicate 
a detailed statement of the financial operations of that institution from the first day of Octo- 
ber, 1861, to the 31st day of July, 1862, during which period there is no report known to this 
general assemblv of the institution, and there being other reasons why there should be an 
investigation of 'its affairs, and the late superintendent and physician having failed or refused 
to notice the resolution referred to above : Therefore, 

Be it resolved by the general assembly of the State of Tennessee, That the board of trustees 
are hereby instructed to investigate the books and accounts and management of Tennessee 
hospital for the insane, during the administration of William A. Cheatham, late superin- 
tendent aud physician, and power is hereby given to send for persons and papers, and report 
the result to the next session of this legislature. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 2, 1865. 

NUMBER LV 

JOINT RESOLUTION appointing a committee to wait on the major general commanding 
the department, and make inquiries in relation to certain assessments. 

Whereas it appears from the orders issued by the various military commanders of the 
United States, at different places in this State, that they are levying on persous who are 
permitted to trade under privileges granted to them by the authorities of the United States, 



88 ADMISSION OF TENNESSEE. 

and of the State of Tennessee, and collecting consi(lcrul)lo snms of nionoy ; and whereas it 
is desirable to kn<nv whether such action is in accordance with the wishes of the general 
conimaiiiliiip tlie (U']iartiiient : Tliererore, 

Jic it rigolccd by llir gtmral iis.scmhly of the State of Tennessee, That a committee of three 
on the part of the house, and two on the part of tlie senate, l)e appointed to call on the 
major general conunanding the department, and ascertain whether such assessments are 
made under and by virtue of his orders, and if so, what action, if any, is necessary to be 
had in the premises. 

WILLIAM HEISKELL, 
Spealicr of thr House of Ixi prrsriitntives. 
SAxMUEL K. KODGEKS, 

Speaker of the Senate. 
Adopted June 3, 1865. 



NUMBER LVI. 

A JOINT RESOLUTION appointing a committee to settle with Hon. Joseph S. Fowler, 
late comptroller aud acting treasurer of the State. 

Be it rcsolred hy the general assembly of the State of Tejincssee, That a joint committee of 
three on the part of the house, and two on the part of the senate, be appointed to settle with 
the Hon. Joseph S. I'owler, late comptroller and acting treasurer of the Stati'. 

WILLIAM HEISKELL, 
Speaker of the House of lirprcscntatives. 
SAMUEL K. KUDGEKS, 

Speaker of the Senate. 
Adopted June 5, 1865. 



NUMBER LVII. 

JOINT RESOLUTION directory to the secretary of state. 

Eesolted by the general asse7nbly of the State of Tennessee, That the secretary of state is 
hereby authorized to furnish the clerks of the courts of record of this State the Code of Ten- 
nessee, and the acts of the general assembly of the State, in all the counties where the books 
of said officers have been destroyed. 

WILLIAM HEISKELL, 
Speaker of the Houac of Itcpreseiitutites. 
SA_MUEL K. RODGERS, 

Speaker of the Senate. 
Adopted June 6, 1865. 



NUMBER LVIII. 

JOINT RESOLUTION requesting the governor to employ an attorney-at-law. 

Be it resolved by the general assembly of the State of Tennessee, That the governor be, and 
is hereby, requested to emjiloy an attorney-at-law for aud in behalf of the State, to prosecute 
and defend all suits now pending in the circuit court of Davidson county, now in session, in 
the name of or against the Bank of Tennessee, and to be allowed such compensation as 
the governor may think reasonable. 

WILLIAM HEISKELL, 
Speaker of the House vf Representatives. 
SAMUEL R. RODGERS, 

Speaker oj the Senate. 
Adopted June 6, 1865. 



NUMBER LIX. 

JOINT RESOLUTION diiectory to the comptroller. 

Be it resolved hy the general assembly of the State of Tennessee, That the comptroller be, and 
is hereby, instructed to prepare aud have printed a circular containing all the subjects of tax- 
ation, together with the rates of taxation, and forward two copies of the same to the clerks of 
the various county courts of this State, and that the same be done immediately. 



ADMISSION OF TENNESSEE. 89 

Be it further resolved, That the secretary of state be and i.« hereby instructed to have pub- 
lished in one newspaper published in the city of Nashville, the Chattanooga Gazette, Knox- 
ville Whig, Flag of the Union, and the Memphis Argus, the revenue bill passed by the legis- 
lature at its present session, for four successive weeks. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 7, 1865. 



NUMBER LX. 

JOINT RESOLUTION directory to the keeper of the penitentiary. 

Whereas there are now confined in the penitentiary many convicts who have acquired no 
trades, owing to the difticulties of procuring material for them to work up, and that they are 
unemployed, because the inspectors and keepers have no power to employ them beyond the 
prison walls unless authorized to do so : Therefore, 

Be it resolved by the ireneral assembly of the State of Tennessee, That the inspectors and 
keepers of the penitentiary are hereby authorized and empowered, whenever they may deem 
it advisable to do so, to employ the convicts in such work about the capitol, or otherwise 
outside of the prison walls, as may be by them deemed advisable, looking to the safety of the 
convicts and the best interests of the State. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives, 
SAMUEL R. RODGERS, 

Speaker of the Senate . 
Adopted June 9, 1 865. 



NUMBER LXI. 

JOINT RESOLUTION postponing the business before the general assembly. 

Whereas the present session of the legislature of Tennessee has been continued and 
protracted beyond our desire or expectation, from the necessity of circumstances and the wel- 
fare of the State ; and 

Whereas the business under consideration is of minor importance, and does not abso- 
lutely demand our immediate attention : Therefore, 

Resolved by the general assembly of the State of Tennessee, That all business which may be 
before the respective houses on the 10th inst.. at 12 o'clock m., will be postponed until the 
October session, and that the general assembly of the State of Tennessee adjourn on Mon- 
day, the 12th of June, 1865, to meet the first Monday in October, 1865. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives, 
SAMUEL R. RODGERS, 

Speaker of the Senate. 
Adopted June 10, 1865. 



NUMBER LXII. 

JOINT RESOLUTION to have published in certain newspapers an act to limit the elective 

franchise. 

Resolved by the general assembly of the State of Tennessee, That the act to limit the elec- 
tive franchise be published once a week from June 12 until the 6tli day of August next, in 
the following papers, to wit : Jonesborough Union Flag, Knoxville Whig, Chattanooga Ga- 
zette, Press and Times, Nashville Union, Nashville Dispatch, Memphis Argus, the paper 
published at Kingston, and the paper published at Greenville, and also any German paper 
published in Nashville, and in one German paper at Memj)his. 

Be it further resolved, That the comptroller issue his warrant to pay for the same. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 

Speaker of the Senate, 
Adopted June 12, 1865. 



90 ADMISSION OF TENNESSEE. 

NUMBER LXIII. 

JOINT RESOLUTION of tlmiiks to Brevet Brifradier General J. L. Donaldson, chief quar- 
terinastt-r, dcpartineiit of the Cumberland, and Captain Hunter Brooke, provost marshal. 

licsidced by the general assembly of the State of Tennessee, That the thanks of this general 
assembly are most lieartily and cordially tendered to Brigadier General J. L. Donaldson, 
cliief quartermaster of the dc])artmcnt (if tlie Cumberland, for liis kindness in furnisliiufr a 
special car for the accommodation of tlic meuibers, and for renewing their transportation over 
niilitarj' railroads. 

Resofi^ed, That tlie thanks of tliis general assembly are due, and are hereby tendered, to 
Captain Hunter IJrooke, jjost provost marshal, for his uniform courtesy and kindness to the 
members of tliis general assembly. 

Resolved, That a copy of these resolutions be furnished General Donaldson and Captain 
Brooke by the secretary of state. 

WILLIAM HEISKELL, 

Speaker of the House of Representatives. 

SAMUEL R. RODGEKS, 

Sptaker of the Senate, 
Adopted June 12, 1865. 



NUMBER LXIV. 

JOINT RESOLUTION congratulatory at the appointment of Major General Thomas to this 

military division. 

Whereas the pleasing intcdligence has reached us that the distinguished soldier and 
commander, Major General G. H. Thomas, has been assigned to this military division: 

Resolced by the irencrul assembly of the State of Tennessee, That we do most lieartily con- 
gratulate our citizens upon the appointuient of this model soldier, possessing as we do the 
most unbounded confidence in his ability and judgment, and believing that under his rule 
early peace and quiet and Unionism will prevail in every section of our State. 

Resolved, further, That we teudcr to the rresideut anil War Department our special thanks 
for their assignment of General Thomas over this military division, and with his cou.seut we 
propose to adopt him as a Tennesseean, General Thomas having ondeari>d himself to us both 
by distinguished services aud by many acts of noble and unostentatious kindness. 

WILLIAM HEISKELL, 
Speaker of the House of Representatives. 
SAMUEL R. RODGERS, 
Adopted June 12, 1865. Speaker of the Senate. 



[The following act of assembly was mislaid in the house and not deposited in the office 
of the secretary of state until the other acts were printed. It lias been collated and found 
correctly printed. A. J. FLETCHER, Secretary of State.'} 

CHAPTER XXXVIII. 

AN ACT to change the times of holding the county court of Knox county for the trial of 

misdemeanors. 

Section 1 . Be it enacted by the general assembly of the State of Tennessee, That from and 
after the next August term of the county court of Knox county, for the trial of misdemeanors, 
the said court shall be regularly opened and held on tlu^ second Mondays of A])ril, August and 
December of each year, aud succeeding days if necessary, instead of on the lirst Monday of 
said months, as heretofore ; but the regular county court for the transaction of county busi- 
ness shall be held on the first Monday of each month as heretofore. 

Section 2. And be it further enacted, That this act shall take effect from and after its pas- 
sage. 

WILLIAM HEISKELL, 
Speaker of the Hnuse of Ripresrntativcs. 
SAMUEL R. RODGERS, 
Passed May 16, 1865. Speaker of the Senate. 



State of Tennessee, Office of the Secretary of State, 

NashviUe, July 25, 1865. 

I, Andrew J. Fletcher, .secretary of state of the State of Tennessee, 
hereby certify tliat I have carefully collated the foregoing documents, with au- 
thentic copies on file in my office, and find them coi-rectly printed. 

A. J. F LET CUE 11, Secretary of State. 



ADMISSION OF TENNESSEE. 91 



Nashville, Tenn., January 9, 1866. 
At a meeting of the Union Central and German Union Central Committees 
of the State of Tennessee and the Union members of the Tennessee legislature 
the following memorial was unanimously approved and adopted. 

A. LOVERING, 
Chairman fro tern, of Central Committee. 

EDWARD MAYNARD, 

Secretary of Union Central Committee. 

Nashville, Tenn., January 9, 1866. 
To tJie Iwnorahle Congressional Committee on Reconstruction : 

The undersigned, constituting a large majority of the State Central Com- 
mittee of the Union party of Tennessee, being all who could be present, beg 
leave to communicate to you their views of the present political and social 
conditition of this State, and their anticipations as to future results from that 
condition. 

The vast powers conferred upon you, so vitally affecting ourselves and our 
posterity, we feel to be a sufficient warrant for this liberty on our part. 

Our statistics show that, in the spring of 1861, about 40,000 of the voters of 
Tennessee made up their minds to adhere to the flag of their coitntry in spite of 
the tornado of treason that swept the State and carried it into the vortex of 
rebellion. They constituted less tlian one-third of the voting population of the 
State, and far less of its wealth and political influence. Surrounded on all sides 
by rebel population; suffering every conceivable outrage in person and property; 
hanged on the gallows ; shot by an infuriate soldiery ; cast into many prisons; 
mercilessly conscripted, and hvuited like wild beasts and murdered in our places 
of concealment, our numbers have been reduced, but the survivors of us have 
kept the vows made upon the altar of patriotism five years ago. More than 
twenty-five thousand of our number, leaving their homes and families to be 
pillaged and abused, travelling through mountains or swamps by night and 
hiding in thickets by day to evade a pursuing and murderous enemy, escaped 
to the federal lines, and, without bounty or other inducement, enrolled them- 
selves as Union soldiers. They have returned to their homes from a gallant 
and bloody service to find, in many instances, their houses in ashes, their 
property gone, and their families abused, insulted, and outraged. And, it must 
be added, that in many instances these victorious heroes of the national cause 
are not permitted to remain at their homes in peace, or, if permitted, they are 
crippled in business and politically and socially outlawed. 

The designs of the great secession majoi-ity of Tennessee may have been 
changed by the events of the war, and so may have been their opinions of their 
own strength and of the strength of the government, but, unless your memo- 
rialists greatly misunderstand them, their sentiments, sympathies, and passions 
remain unchanged. They welcome peace because they are disabled from making 
war ; they submit because they can no longer resist ; they accept results they 
cannot reject, and profess loyalty because they have a halter around their 
necks. They recognize the abolition of slavery because they see it before them 
as a f !ct; but they say it was accomplished by gross violations of the Consti- 
tution, that the negro is free only in fact, but not in law or of right. 

Less than a year ago the provisional governor, representing the military power 
of the President, and recognizing the right of the loyal people to govern the 
State, set on foot a civil government, founded upon the basis of the loyal popu- 
lation — his favorite policy. The plan of a popular convention and a submission 
to a vote of the loyal people was adopted, and the former constitution and laws 
were restored without the institution of slavery. Whether we regard it as our 



92 ADMISSION OF TENNESSEE. 

former State government restored, or as^ a new government given to n.s by the 
power of the nation, is immaterial, as it has been compelled at every step to lean 
upon the strong arm of the national authority for support. The action of the con- 
vention was submitted to the vote of the loyal people, and, by means of the strong 
"will of the military governor and a rigid test oath, and because the election was 
not recognized by the disloyal, it was nearly unanimously adopted, receiving 
over 20,000 votes, many of the Union men being within the rebel lines at the 
time 

Under the government thus adopted, and by means of the same test oath, a 
governor and legislature were elected by general ticket on the 3d of March last. 
The legislature assembled in April, and proceeded to inaugurate tin; governor 
elect and to elect State officers, to est.i.blish a revenue, to provide for the election 
of members to Congress, and to legislate in general matters. Under authority 
conferred upon him, the new governor appointed a judiciary ^ro (cmpore, and 
reorganized the entire State by appointments. ]Jut one general election has 
been held, and that only for members of Congress, with what result will appear 
hereafter. 

The convention of February, foreseeing the impossibility of carrying out the 
principle upon which tliey were acting, by keeping the political power of the 
State in loyal hands, if all those who liad by acts of treason forfeited their right 
to participate in the State government, provided for a formal disfranchisement 
by conferring upon the fii'st legislature the power to limit the elective franchise. 

So far the legislation on this subject has been unsatisfactory and ineffectual. 
Indeed, many of the members are utterly unequal to the task, and, yielding to 
the influence and dreading the power of numbers, shrink from its performance. 
A suffrage law was passed at the spring session, the result of compromise, and 
doubtful in its terms, easily evaded, and practically defective. By means of 
repeated proclamations by the governor, telegraphic orders from the President, 
and the aid of the military, a partial execution only of the law was obtained. 
So defective was the execution of the law by the officers to whom it was in- 
trusted, that the governor was constrained to declare the August election totally 
void in twenty-nine counties of the State. An attempt will be made at the 
present session to pass an amended suffrage law, but it is doubtful Avhether any 
effectual disfranchisement can pass, and still more doubtful whether, if passed, 
it can be executed even with the presence of the military. Certainly, such a 
law cannot be executed if the supervising power of the general government 
should be discontinued. 

In short, your memorialists anticipate that, at the first general election, the 
entire civil and judicial power of the State must pass into the hands of those 
who have so long oppressed them, and made actual war upon them. The 
judicial election, which is the most important of all, must soon occur. 

By a careful consideration of the passions, prejudices, and designs of those 
lately in rebellion, a correct idea of the course they will pursue, when once more 
installed into power, may be arrived at. Your memorialists are not driven to 
consult tourists nor correspondence for information. They are all citizens of 
the State; some of them are natives, and from official position are in daily int"r- 
course or communication with all parts of the State, and with citizens of all par- 
ties and classes. They claim to speak not from hearsay or report, but as 
witnesses admissible in court. 

The predominant feeling of those lately in rebellion is that of deep-seated 
hatred, amounting in many cases to a spirit of revenge towards the white Union- 
ists of the State, and a haughty contempt for the negro, whom they cannot treat 
as a freeman. The hatred for the white loyalist is intensified by the accusation 
that he deserted the south in her extremity, and is, therefore, a traitor, and by 
the setting up a government of the minority. The spirit of revenge is called 
forth by the attempt to disfranchise them, and by the retaliatory acts of the 



ADMISSION OF TENNESSEE. 93 

returned Union soldiers for wrongs done them during the war. The negro is 
the Mordecai who constantly reminds them of their defeat, and of what they 
call a "just, but lost cause." And the sight of him in the enjoyment of freedom 
is a constant source of irritation. 

The tourist would not be apt to detect the true state of the southern temper. 
Even the resident observer has to look beneath the surface of insincere protesta- 
tions of loyalty. True, the traveller or visitor might observe a large number 
of daily rebel newspapers well sustained, while a single loyal paper is sustained 
with difficulty. He might discover that the rebel meichant or lawyer is full of 
business and growing rich, while the loyalist either fails, or is driven to pander 
and dissimulate. And he may find that the rebel chaplain preaches to over- 
flowing houses, while the loyal minister is in truth a missionary in an unfriendly 
country. But he will hardly go into the social circle to learn that the Union 
man is not admitted into society, or into private families, to find that hatred of 
the Yankee and contempt for the government are inculcated by rebel min- 
isters and teachers; nor will he visit the township election to learn that the 
bushwhacker and guerilla can defeat the most respectable Union man for con- 
stable or justice of the peace ; or to the courts, to learn that the despised " Lin- 
colnite" fails to get justice at the hands of a rebel jury, and that the putting of 
a negro on trial is equivalent to his conviction and sentence to the maximum 
penalty of the laAv. Yet these and many other manifestations betray to the 
resident observer the malignant temper of the majority of our people. 

A party exists in the State, which is every day becoming more and more com- 
pact and powerful, which sympathizes with the men and principles of the re- 
bellion. It commands every agency to operate upon public opinion. It has 
five well-sustained and ably-edited daily papers in Memphis, four in Nashville, 
one in Knoxville, and a weekly in each of the important villages. Their par- 
doned but talented and still popular leaders are with them. Hundreds of rebel 
ministers who glory in having led oflF in the rebellion, and who have been 
throughout the war the bloodiest-minded men in the south, are still in the con- 
fidence of their people. All these appliances acting in harmony mould public 
sentiment as they please, and command a party of over two-thirds of the white 
men of the State. Fi-ee from restrictions upon suffrage, they will probably cast 
90,000 votes in the State. 

It is a sad delusion and a dangerous mistake to suppose that this hatred of 
loyalty, contempt for the negro, and alienation from the government, are con- 
fined to the politicians, or leaders as they are termed, and that the common peo- 
ple have been all the time loyal. It is certainly true that a portion of the south- 
ern people went into the rebellion reluctantly, and that a few were actually forced 
into it. But it is equally true that nine'tenths of those who went in reluctantly 
came out the bitterest of rebels. The process of firing the southern heart and 
educating the southern mind for treason had been progressing for many years, 
and had reached all classes. Long before the war the common laborer had 
learned to curse the Yankees and abolitionists, and to talk about negro equality 
and his rights in the Territories. Filled with murderous hate, they have fought 
four years against their coiuitry. They have denounced and heard it denounced 
with every breath. They have suffered cold, hunger, and wounds in an effort 
to destroy it. They have slain its defenders, and seen their comrades fall in the 
same cause. The laws of human nature forbid the idea that they love their 
country. Indeed, it may well be doubted whether the capacity for patriotism is 
not extinguished in many of them. 

Your memorialists regret to say that as yet the loyalists of East Tennessee, 
brave and noble as they are, have not kept pace with the spirit of the nation in 
extending civil rights to the negro, and consequently there exists a want of 
harmony among ourselves ; but they do not doubt that that patriotic but rural 
people will soon take a position worthy their fame. But in any event, all legis- 



94 ADMISSION OF TENNESSEE. 

latioii looking to the elevation of the frecdman in a moral, civil, or political 
point of view must come from Congress, and not from the State legislature. It 
may be that the present botlj may pass some favorable laws — probably they 
will ; but it is easy to see they will be swept away by the next general assembly. 
Supposing the supervising power of the general government to be withdrawn 
from Tennessee, and assuming that to some extent at least the passions, preju- 
dices, and resentments of the majority of the people will be reflected in their 
legislation, it is not difficult to anticipate her State policy and the character 
of her civil and judicial administration. It may be safely assumed — 

1. That so far as possible in legislation, the bestowal of patronage, and the 
management of all public affairs, the late rebels will be the preferred class; 
and that all the acts of the rebel State government, including the removal and 
the destruction of the State banks and State treasury, the disarming and con- 
scripting the people, and the impressment of their property, and all the acts of 
rebel othcers, soldiers and guerillas, will be legalized. Those who have been 
robbed, wounded, and imprisoned will go unredressed, while those who have 
inflicted those injuries will be justified in laAv, as they now are in public senti- 
ment. 

2. As is even now the case in many localities, services rendered and wounds 
received in the confederate cau?e will be passports to preferment, while to have 
taken sides with the cause of the Union will be equal to a judgment of infamy, 
forever consigning the offender to obscurity and disgrace. 

3. If the legislature does not vote thanks and medals to southern heroes, 
and unite with other southern States to pay the confederate debt, it will be 
from fear or policy, and not from want of sympathy or desire. 

4. As far as possible, restrictions will be thrown around the freedom of the 
negro, and his elevation in the scale of being discountenanced, if not actually 
prohibted. He will be excluded from the courts, from common schools, and 
probably from all means of education, from business and privileged occupations, 
and, perhaps, from the acquisition of property. 

Such, we apprehend, will be some of the results of well known laws of the 
public mind. And it requires but little speculation to anticipate still further 
and more ulterior results. It is very questionable whether East Tennessee will 
submit to a rebel goveiniment. Her people will not tamely succumb to those 
who have pursued them like bloodhounds for four years. If she does not resist 
by force, she will refuse her revenues, and scorn to send her representatives to 
take seats in a legislature composed of rebel officers and guerilla leaders. 
Union men will feel that they have lost and the rebels won, and that their 
martyrs have fallen in vain. Even noAv,in many localities they are crushed by 
the power of numbers, and actually afraid to speak like freemen. 

Loyal emigrants will turn aside to more congenial parts, and the south will 
be left to herself, to resume her former rate of progress. 

The negro will be forced to seek an asylum in other lands, or perhaps he will 
become a declining race, relapse into barbarism and disappear from the face of 
the earth ; an effect confidently predicted, and, in fact, hoped for by seces- 
sionists. 

Your memorialists do not presume to point out the means of preventing the 
direful results they have attempted to foreshadow. They simply ask pro- 
tection. They pray that the government will not forsake them by withdraw- 
ing its direct agency in our affairs, thereby delivering them over to their tor- 
mentors. 

Your memorialists will say, however, that they desire to he represented in 
Congress. Tlu; loyal people of Tennessee have not forfeited their civil rights 
by the misfortune of being surrounded by rebels. And if dilliculties should 
occur hereafter, as is to be feared, in that event they desire to have a voice in 
the councils of the nation. But if our form of government is such that to 



ADMISSION OF TENNESSEE. 95 

arlmit our representatives to seats in Congress will compel the withdrawal of 
tlie supervising control of the national government over our internal affairs, 
thereby insuring the ascendency of the rebel majority, your memorialists pre- 
fer, and they are sure the loyal people of the State would prefer, to live in a 
territorial condition, and even under a military government. 

From the rebel yoke they pray to be saved. From such a fate we rely upon 
the power of the nation to rescue us. In behalf of ourselves, in behalf of the 
devoted loyalists of the State, of whatever color, and in behalf of our posterity, 
we appeal to that government we love and have served to save us and them 
from the power of those who have inflicted upon us every conceivable injury 
We are, most respectfully, your obedient servants, 

JOHN SOHIMMLER. 

FERDINAND KUHN. 

A. W. HAWKINS. 

A. LOVERING, Chairman pt'o tern. 

E. P. CONE. 

W^ILLIAM HEYDT. 

A. J. FLETCHER. 

N. DERBY. 

A. S. THURNECK. 

ROBERT WEITMULLER. 

GERVAS HAURG. 

JULIUS BRIESEN. 

R. LEHMANN. 



State of Tennessee, 
Executive Department, Nashville, November 13, 1865, 
To all who shall see these presents, greeting : 

I, William G. Brownlow, governor of the State of Tennessee, do hereby cer- 
tify that at a general election, opened and held in said State on the first Thurs- 
day in August, A. D. 1865, for the purpose of electing representatives of the 
State of Tennesse in the 39th Congress of the United States, Horace May- 
nard, of the county of Knox, was regularly elected, in accordance with the laws 
of the State of Tennessee and of the United States, representative in said Con- 
gress from the second congressional district, composed of the counties of Clai- 
borne, Union, Knox, Campbell, Scott, Morgan, Anderson, Blount, Monroe, Polk, 
McMinn, Bradley, and Roane. 

And I do therefore commission the said Horace Maynard, representative in 
Congress as aforesaid, during the term and with all the powers, privileges, and 
emoluments appertaining. 

In testimony whereof, I have hereunto subscribed my name and caused the 
great seal of the State of Tennessee to be affixed, at the department in the city 
of Nashville, this 13th day of November, 1865. 

[SEAL.] W. G. BROWNLOW. 

By the governor : 

A. J. Fletcher, Secretary of State. 



State of Tennessee, 
Executive Department, Nashville, Novemher 13, 1865. 
To all toho shall see these presents, greeting : 

I, William G. Brownlow, governor of the State of Tennessee, do hereby cer- 
tify, that at a general election for representatives of the State of Tennessee in 



96 ADMISSION OF TENNESSEE. 

the 39th Congress of the United States, opened and held in said State on the 
Hrst Thursday of August, A. D. 1865, William B. Stokes, of the county of De 
Kalb, was regularly elected, in accordance with the laws of the State of Ten- 
nessee and of the United States, representative in said Congress from the third 
congressional district, cora])()sed of the counties of Meigs, Rhea, Hamilton, 
Marion, Grundy, IJledsoe, Van lUiren, Secjuateliie, Warren, White, Smith, Cum- 
berland, Putnam. Jackson, Macon, Overton, DeKalb and Fentress. 

And I do therefore commission the said William B. Stokes, representative in 
said Congress as aforesaid, during the term and with all the powers, privileges, 
and emoluments appertaining. 

In testimony whereof, I have hereunto subscribed my name and caused the 
r 1 great seal of the State of Tennessee to be affixed, at the department 

l- ■■' in the city of Nashville, this 13th day of November, 1865. 

W. G. BROWNLOW. 

By the governor; 

A. J. Fletcher, Secretary of State. 



State of Tennessee, 
Executive Department, Nashville, November 25, 1865. 
I, William G. Brownlow, governor of the State of Tennessee, do hereby certify 
that at a general election opened and held in the State of Tennessee, on the first 
Thursday in August, 1865, for representative from said State in the thirty-ninth 
Congress of the United States, Sanuiel M. Arnell was regularly elected, in accord- 
ance with the laws of the State of Tennessee and of the United States, repre- 
sentative in said Congress from the sixth civil district, composed of the counties 
of Lawrence, Wayne, Hardin, Decatur, Perry, Lewis, Maury, Hickman, Hum- 
phreys, Dickson, Montgomery, and Stewart. 

In testimony whereof, I have hereunto subscribed my name and caused the 
r ^ T great seal of the State to be affixed, at the department in the city of 
ISKAL.J j^ashville, the 25th day of November, A. D. 1865. 

W. G. BROWNLOW. 
By the governor : 

A. J. Fletcher, Secretary of State. 



Thirty-ninth Congress United States, 
House of Representatives, Washington, D. C, February 26, 1866. 
Sir : I herewith respectfully present the statements of R. Hough, esq., internal 
revenue tax collector for the Memphis district, and request that it be treated as 
a part of my statement of a late date in which I alluded to the facts herein more 
definitely set forth. 

I also beg to mention that I learn from George 11. Ellery, esq., formerly United 
St.ates cotton purchasing agent at Memphis, that during seventy-five days the 
profits to the government, as the 25 per cent, tax on cotton through his otlice, was 
in round numbers one million seven hundred and fifty thousand (1,750,000) 
dollars. 

I am, sir, with much respect, your obedient servant, &c., 

JOHN W. LEFTWICH, 
Member of Congress Elect, Sfh district Tennessee. 
Hon. Senator Grlmes, of the Reconstruction Committee. 



ADMISSION OF TENNESSEE. 



97 



Statement of asscss?nents and collections in the first district, State of Ten- 
nessee, from October 19, 1863, to January 1, 1866. 



Date. 



October, 1863 . . 
November, 1863 
December, 1863 
January, 1864. . 
February, 1864. 
Marcb, 1864.... 

April, 1864 

May, 1864 

June, 1864 

July, 1864 

August, 1864... 
September, 1864 
October, 1864 . . 
November, 1864 
Decemljer, 1864 
January, 1865. . 
February, 1865. 
March, 1865 ... 

April, 18H5 

May, 1865 ..... 

June, 1865 

July, 1865 

August, 1865 .. 
September. 1865 
October, 1865 . . 
November, 1865 
December, 1865 

Total.... 



Monthly as- 
sessments. 



|i28. 

33, 

25, 

21, 

42, 

111, 

109, 

120, 

23, 

24, 

14, 

8, 

108, 

88, 

3G, 

80, 

94, 

126, 

49, 

143, 

106, 

128, 

177, 

191, 

283, 

185, 

245, 



178 87 
269 88 
560 81 
476 28 
232 75 
317 27 
483 46 
971 06 
059 25 
419 65 
309 78 
913 78 
889 93 
916 87 
279 81 
466 80 

405 58 
861 55 
339 72 
256 37 
143 43 
674 25 

406 11 
660 39 
238 48 
832 38 
105 05 



2, 603, 669 56 



Annual lists. 



$20, 135 62 
32, 429 71 
68,966 46 

180,631 71 



302, 163 50 



Collections. 



$16,070 35 

32,279 92 

31,525 14 

34, 870 42 

47, 894 28 

119,796 .51 

120,253 99 

124, 146 96 

25.939 83 
33, 154 02 
32, 770 61 
30,922 11 
39,063 09 

146,307 97 
49, 902 48 

92.940 82 
92, 277 24 

124,867 98 
53,964 25 
182,077 78 
110,929 26 
173, 150 07 
193, 313 92 
207,896 41 
306, 443 25 
188, 186 82 
226,772 33 



2, 842, 747 81 



E. HOUGH, Collector. 



United States Internal Rrvenue, 
Collector's Office, First District, State of Tennessee, 

Ale/nphis, Tennessee, January 30, 1866. 
My Dear Sir: In consequence of tlie constant press of business in my office, 
I have procrastinated the delivery of the enclosed statement until this late day, 
for no other reason than that so mitch was on hand to be done that I did not like 
to set clerks at anything that was not strictly office- work. My only regret now 
is that I cannot give you so elaborate a statement of facts connected with the 
collection of over three millions of revenue (adding the stamp-sales to the en- 
closed) as I would Avish, for want of time. You will recollect that our city was 
captured by the federal fleet on the 6th of June, 1862, previous to which large 
drafts were made on its inhabitants by the rebel leaders for the support of their 
army. When the federal flag was hoisted here it floated over a city of less 
than thirty thousand people, with no commerce, limited resources, and no trade 
from river or country. The government collected the larger portion of the rents 
during 1862 and 1863 ; besides, heavy taxes were paid on the demands of mili- 
tary commanders, and all shipments to and from the city were taxed by the 
Secretary of the Treasury; so that I think I am safe in saying that the internal 
revenue collected per the enclosed statement does not amount to more than one- 
third of the taxes paid by our people. The assessor commenced his labors 
some time in June, 1863, but he dated his assessments back to September, 186-^ 
H. Mis. Doc. bb 7 



98 ADMISSION OF TENNESSEE. 

I commoncoJ collection al)Out the Ist of November, 1863, at wbicli time I had 
two aiinuMls to collect for 1862 and 1863, and before thei?e were closed up the 
annual for 1864 had been assej^sed and the special five per cent, tax on the in- 
come.s of 1863. You will remember that the civil courts were suspended during 
this time, and, in fact, have but recently been fully re-e!-:tablished, and this was 
the only oflice that did not exist by and depend on military sufferance and rule; 
yet I think I am safe in saying that our people have paid their revenues to the 
government collector as proni])tly and ap})arently as cheerfully as in any por- 
tion of the United States. I have never been obliged to levy upon any man's 
effects' to s;ecure his revenue due to the govennnent, and though personally an 
austere man, I think the tax-collector is as much in the favor of the people at 
large as it is possible for any man to be in like circumstances anywhere in the 
land. I do not intend to convey the idea that the collector possesses qualities 
to make him popular notwithstanding his office, but that the people in this dis- 
trict, so far as they have been reached, respond as cheerfully to the demands 
of the government as they do in any State in the Union. A Boston merchant 
of some note lately said to me, " Tell me how your people pay their taxes, and 
I will myself judge of their loyalty." By this rule, I am inclined to the opin- 
ion that we should vie with Boston herself; but being a Bostouian originally, I 
don't like to make any comparisons. 

Trusting that the enclosed will be of service to you, I am, very respectfully, 
your obedient servant, 

K. HOUGH, Collector. 

Hon. John W. Leftwich, Washington, D. C. 



Washington, January 26, 1866. 

Gentlemen' : In answer to your inquiries, I have the honor to state : 
I. That the loyal people of the State of Tennessee assembled in convention 
at Nashville on the Sth day of January, 1866, and proceeded to organize the 
government of the State. They adopted an amendment to the constitution 
abolishing slavery forever in the State. They adopted a schedule to the con- 
stitution, in which — 

1. They repudiated the rebel debt contracted to carry on the war. 

2. They declared the ordinance of secession void ah i?iitio, and all the legis- 
lative acts passed by the legislature at its different sessions from the 6th of May, 
1861, inoperative and void. 

3. They provided that all the acts of Andrew Johnson as military governor, 
together with his appointments to office, valid and binding. 

4. They provided for the election of a general assembly to be held on the 4th 
of March, 1865, as well as for the election of a governor. 

5. They declared that the amendments so proposed should be submitted to 
tlie people for ratification or rejection on the 22d day of February, 1865. 

II. On the 22d day of February, 1865, the amendment and schedule were 
submitted to the people, and adopted almost unanimously. 

III. On the 4th day of March, 1865, the governor, William G. Brownlow, 
was elected, and the members of the legislature, gentlemen who for " uncon- 
ditional Unionism" will compare favorably with the same number of gentlemen 
selected from any State in the Union. 

IV. On the 3d day of April, 1865, the legislature met at Nashville, and in a 
few days thereafter the governor was inaugurated, and that civil government 
for the State has been in successful and peaceable operation ever since. 

V. One of the first acts passed by the legislature was one ratifying the 
amendment to the Constitution of the United States abolishing slavery. It 
passed unanimously. 



ADMISSION OF TENNESSEE. 99 

VI. The legislature enacted a franchise law, disfranchising all rebels for the 
space of five years who had not participated in either one of the last elections, 
and by which a large number of the qualified voters were prohibited, because of 
their ; reason, from participation in the subsequent elections. 

VII. The legislature provided for the congressional elections by dividing the 
State into eight congressional districts, and by electing two senators. iSince 
that time the civil government of the State, under its present loyal organiza- 
tion, has been in uninterrupted and successful operation all over the State. 
No obstacles have been put in the Avay. I have in my possession, and which I 
will produce for the inspection of the committee, if desired, printed copies of the 
proceedings of the convention of January 8, 1865, as well as the acts and reso- 
lutions of the April session of the general assembly. 

VIII. The election for Congress was held on the first Thursday in August, 
1865, the regular day, and everything passed off harmonicjusly and quietly. 
This result was extremely gratifying to the loyal men of the State. The mem- 
bers elected are known to have been loyal to the government, and have all complied 
with the law of the land. 

IX. I can say fearlessly, from an intimate personal acquaintance with the 
people of the fourth congressional district, composed of the counties of Ruther- 
ford, Cannon, Coffey, Franklin, Lincoln, Giles, Marshal, and Bedford, and which 
1 have the honor to claim to represent, and where there are no federal soldiers, 
and have not been any, except in Rutherford county, since the 1st of July, 1865, 
that peace and quiet and complete obedience to law prevail. No difiiculties of 
any kind ; law and order are everywhere observed. The United States asses- 
sors and collectors visit every part of the district unguarded and alone ; are 
promptly paid and kindly treated. The United States marshal needs no mili- 
tary force to enable him to do his duty. The white men and the freedmen live 
harmoniously together. Contracts are made between them, libera', just, and 
satisfactory, and are faithfully performed by both parties. No complaints are 
being made. All recognize the government ot the United States as the supreme 
law of the land. They most earnestly desire to be once more fully restored to 
the benefits of its protection, so that they can once more feel that they are 
American citizens. 

I fully believe that the United States troops might be withdrawn any day, 
and the present State government would be protected and guarded until the 
expiration of its term without molestation or danger. It seems to me that the 
people feel the necessity of peace and law and order, and they intend to have it. 

The legislature has passed all laws necessary for the protection of the freed- 
men, and there is but one single case in which the punishment of the white man 
diifers from that of the freedman, and that is in the case of rape, or assault with 
intent to commit rape, on the person of a white woman. 

The recognition of the present State government by the Congress of the United 
States, the admission of its senators and representatives, in the full restoration of 
the Stale to an equality with the other States in the government, will give con- 
fidence and happiness to those citizens of the State who, through all the horrors 
of this cruel and unjust rebellion, have maintained their integrity to the national 
flag, and who loved their country too well to betray it into the hands of traitors. 

if Congress will recognize us as worthy of being admitted to our seats in the 
Senate and House of Representatives, thus giving to us the moral weight of their 
action, we can, without doubt, preserve and protect the loyal people of the State. 
If, on the contrary, we are treated as if we were rebels, as if we had sinned, 
when we have not, then, of course, our influence is gone, and we can no longer 
hope to be able to control the political destinies of the State. 
Respectfully, 

COOPER. 



100 . ADMISSION OF TENNESSEE. 

"Washington, January 29, 1866. 
To the honorable gentlemen of the ''Reconstruction Committee :" 

Gentlemen : In compliance with suggestions^ from the Hon. Senator Grimes, 
I respectfully submit these my opinions, with the reasons therefor, in relation 
to the loyalty and present feelings of the people whom I have the honor to 
represent. 

tSiiice the first occupation of Memphis by the national forces, in June, 1862, 
jio spirit of discontent or insubordination has ever manifested itself; and 
though we have, in addition to the usual taxes, been compelled most of the 
time to ]tay from three to five per cent, tax on all merchandise shipp(!d to Mem- 
phis, and twenty-five per cent, and four cents per pound on all cotton shipped 
from ^Memphis, and two dollars per bale military tax, and other military taxes ad 
infinitum — amounting, in the aggregate, to millions of dollars — it has been 
promptly paid without complaint. 

Our "internal revenue tax collector" now proudly asserts that his collections 
have been made with a promptiu^ss above tlie average of northern cities, and 
that the disgraceful attempts to di>fraud the government, so prevalent elsewhere, 
are comparatively unknown in ^Memphis. 

When our army was needed actively on other fields, and that portion remain- 
ing at Memphis was inadequate to protect the immense army stores there col- 
lected, our entire able-bodied male population, amounting to many thousands, 
was organized, armed, and equipped for active militia duty; many having to 
remain ou <bity all the time, and all comp(dled to suspend business for the pur- 
pose of drilling from one to two days in (!ach week ; and such was their conduct 
on several occasions of threatened attack, as to call forth the congratulatory 
orders of the commanding generals, to one of whom, the " Hon. II. P. Buck- 
land," I respectfully refer. 

AVe also furnished our quota in the last draft. 

The crops of 1863, '64, and 'Q5, in " West Tennessee," were not cultivated 
by involuntary servitude, but by compensated labor; and the result of the three 
years' experience is, that our colored population have learned the important 
lesson that a good and trusty laborer Avill command better wages than a bad 
one; and our white population, who own the land,, have learned the equally 
important lesson that he who pays wages promptly, and fairly, and otherwise 
honestly redeems his obligations to the employe, will surely procure the best 
and most reliable laborers. 

The prejudice that did at one time exist against the negroes as freedmen 
remaining in our State has been most efiectually disp"lled by a remembrance 
of their good qualities during the war; and, by self interest, the most potent of 
all arguments, reminding us that the profitable cultivation of our rich and pro- 
ductive lands requires twice the number of laborers now there. 

In view of this desire to retain these laborers in our State, I helieve there is 
no disposition on the part of our citizens to impose illiberal terms on those they 
employ ; and I ktww they have not the ability to do so, as the demand for labor 
is so much in excess of the supply as to give all the advantage to the employ(i. 
The only relic of slavery now seen in our midst is tiie frequent practice, by 
agents of the " Freedmen's Bureau," (generally understood to be for a considera- 
tion,) of compelling negroes to make unwilling contracts with parties with 
whom they do not desire to live. 

I am fully persuaded that, if left to a vote of the former slave-owners of my 
district, they would now vote by a large majority against assuming the moral 
responsibility of re-enslaving the negroes. 

I am sure that the colored laborers ol' this district will make more money 
this year than any equal number of white laborers in States north of the cotton 
producing region. 



ADMISSION OF TENNESSEE^ 101 

During my contest for my present position I travelled on horseback, alone 
much of the time, through the entire district ; and though my Union sentiments, 
already notorious, were plainly and boldly proclaimed day after day, I did not 
hear a rude or impolite expression, though the country was full of returned 
rebel soldiers, who might be expected to have been smarting under a "franchise 
law" that was odious even to Union men. 

I had four opponents, each trying to prove himself a better Union man than 
the rest, and all surpassing me in political ability, yet I was elected by a hand- 
some miijority, only because I was able to show a more consistent Union record 
than either. 

One other opponent issued a circular claiming votes as an original sympa- 
thizer with the rebellion, but met such poor encouragement that he withdrew 
without completing the contest. 

During December, hearing many reports in Washington prejudicial to the 
loyalty and good conduct of my constituents, I determined to tal<:e no hearsay, 
but go home and see for myself if such rumors had any foundation in fact. 
The result was, I found my people contented, hopeful, industrious, and happy, 
considering this as their only government, with no willingness to injure it, but 
an earnest desire to make it better and stronger than ever. 

I heard no man of influence oppose allowing the negroes to testify iu our 
courts, and to own and beq^ueath property, &c. 

On the 28tli of December two members to the State legislature were elected 
in Memphis and Shelby county, both of Avhom favored the above movement, 
and have since succeeded in making it the law of the State. 

To learn the condition of a portion of my district to which I could not go, 
I wrote to a friend, (an appointee under Governor Brownlow, whom I knew 
to be loyal and truthful, and possessed of unusual facilities for knowing the 
real feelings of the people,) telling him of the reports coming to Washington, 
and asking if such were the fects. 

I respectfully annex his reply as part of this statement. 

In conversation with the deputy United States marshal, who had been through 
West Tennessee on official business, of such an unpopular nature as to induce 
him to have a military escort, he said, " I was met in such a friendly man- 
ner and treated Avith such cordial hospitality, that I was ashamed of having an 
escort, and made it convenient to be away from them most of the time." 

I have just received a letter from "J. M. Hill, esq.," to whom every military 
commander at Memphis has awarded the first position in point of loyalty and reli- 
ability, and possessing general information, in Avhich he takes occasion to say, 
" We need no troops at Memphis ; but if the government desires to retain a few 
here, one company of white regulars would be an abundance." 

From personal knowledge in many instances, and reliable information in 
others, I am able to say that most of the reports coming to Washington against 
the loyalty and good conduct of Tennesseans come from those who have been 
defeated for office, or who now hold positions by appointment, and know that 
their personal unpopularity will prevent them from retaining it when left to the 
people ; and as our county elections ought legally to be held in March, it is the 
desire of this class to make excusable the filling of these positions by appoint- 
ment instead of the ballot. 

There are, no doubt, occasional local disturbances in our State, (that our civil 
officers are entirely able to subdue, however,) but these all grow out of old per- 
sonal animosities engendered during the war, and not arising from any rebel- 
lious spiiit towards the general government. 

These disturbances are much less frequent in my part of the State than else- 
where, owing to the fact that the army maintained uninterrupted control there 
after its first occupation. 

Instead of there existing an animosity against consistent Union men who have 



102 ADMISSION OF TENNESSEE. 

not u?ofl tluir infliioncc to tlie iinfuir injury of those who have clisagreed with 
them in politics, they are really the most popular men in the country; as it is 
through their influence, mainly, that all expect finally to be reinstated iu the en- 
joyment of all their lost privileges and blessings. 

It is the opinion of myself, as Avell as of most of the best informed with whom 
I have talked, (among them our lamented President Lincoln,) that, notwith- 
Btanding so many of our people w'ere subsequently, by various influences, forced 
into the rebellion, the election in Tennessee in February, 18G1, was, and is, 
the true criterion of the loyalty of our State ; at Avhich we gave a majority, 
as I remember, of 65,000 against "separation," (thought to be a more palatable 
term than "secession,") and nearly tliat number against even calling a conven- 
tion to discuss it. 

When Mr. Johnson assumed the presidential chair he was more odious to 
the southern people and more feared by them than any man now in the north ; 
yet he is now by these same people as universally beloved and honored, just 
iu return for evidencing a kind and forgiving sj)irit. 

Like causes produce like results ; and it is now in the power of the Congress 
of the United States to produce in the feelings of the masses of the southern 
peo])le this same favorable change towards them. 

Every kind word uttered here goes as a healing balm to the wounded spirit 
of our people, and is as welcome as the olive branch brought by the returning 
dove to the ark. 

I have said much more than I intended. The assertions made are suscepti- 
ble of proof. The opinions expressed are well-matured convictions, based on 
a thorough acquaintance with the facts from which they are deduced. 

I regret that I cannot close without expressing the belief that the treatment 
our people are now receiving is well calculated to produce that state of feeling 
now falsely said to exist, though I have no fear of such a result in my imme- 
diate district, as such is the desire, and so favorable the opportunity, to mend 
their ruined fortunes, that they now look with much more interest to the fluctu- 
ations of the cotton market than to the proceedings of Congress, believing, cor- 
rectly, that there is no surer way to obtain the good opinion of others than by 
industriously attending to their own business. 

Hoping that nothing I have said will have an influence to secure my admis- 
sion to a seat in Congress until my people can be trusted as I know they deserve 
to be, 

I have the honor, gentlemen, to remain, very respectfully, your obedient 
servant, 

JOHN W. LEFTWICH, 

Eighth District, Tennessee. 



The undersigned beg leave, in compliance with the request of the con- 
gressional Committee on Reconstruction, to submit the following in relation to 
the present State government of Tennessee: 

1. 'J'be government was organized by a convention of the loyal citizens Jan- 
uary 8, 1865, ratified by popular vote February 22, 1865; governor and legis- 
lature elected March 4, 1865; inducted into office April 3, 1865. So that the 
government has been in practical operation nearly ten months. 

2. \\'hen the organization began, the rebel army under Hood had just been 
defeated and routed before Nashville; the hostile forces were still in the field ; 
guerillas overran some portions of the State; our Union soldiers were, some of 
ihem, in service on the Atlantic seaboard. There was no mail communication; 
heavy rains had swollen our numerous streams; so that, in many places, the 
single ballot-box for a whole county was inaccessible, and the vote failed to 
develop the whole loyal strength. Yet it is believed, and confidently asserted. 



ADMISSION OF TENNESSEE. 103 

tlicat the result met tlie entire approval of every loyal citizen, and the acqui- 
escence of many who had. been disloyal. 

3. From the meeting of the legislature, the 3d of April, 1SG5, and the induc- 
tion into office of tlic governor, the government, so organized, has had entire 
and unresisted control of the whole State, in every department of administra- 
tion, executive, legislative, and judicial, including the conservation of the public 
peace. The legislature continued in session until into June ; adjourned to the 
1st of October ; again assembled, and is still in session. The governor and 
other executive officers have disci larged the functions usual to their respective 
offices. The courts of every grade, up to that of last resort, the supreme court, 
have held their regular terms all over the State, and have been open for the 
hearing of all pleas, civil and criminal. 

4. The first act of the legislature, by unanimous vote, ratified the recent amend- 
ment of the national Constitution in accordance with an amendment of similar 
import made to the State constitution. The election of senators followed, and 
legislative provision for the election of members of Congress. A law of fran- 
chise was passed, adding one qualification to the elector, additional to the pre- 
existing loyalty, and providing for the registration of the voters. 

5. The election was held at the usual time in August, and persons elected 
whose loyalty has been unequivocal, and will abide the test of the official oath. 
The number of votes cast was sixty-one thousand nine hundred and seventy, 
not far from the number usually cast by each of the two parties into which the 
State was almost equally divided before the war. The governor, deeming it 
his duty, under the act of Congress of 3d March, 1863, to certify whether the 
election was regularly held according to the laws of the State, and also to be 
informed as to the practical working of the late registry laws, instituted an 
inquiry, and rejected the votes of several of the counties for informality and a 
failure to comply with the recent law, on the part of officers intrusted with the 
novel duty of registration. 

At this election there was no military force present anywhere at the ballot- 
box ; nor was there, so far as known, the slightest disturbance or disorder. A 
military force has remained in the State, under Major General Thomas, to sup- 
port and sustain the civil government. One prominent arrest was made on the 
charge of sedition and scurrilous libel against the President of the United States ; 
but in general the military has been felt only in the moral effect of its presence 
as a power which the civil authority might at any time invoke. 

6. No general election has since been held in the State. On the first Satur- 
day of March next elections will be held for sheriffs and other county officers 
in the several counties of the State. 

7. The general legislation so far has looked to the restoration of our State 
credit and the re-establishment of our financial prosperity. A revenue system, 
(the public debt increased twenty-five per cent, by the accumulation of interest 
during the war, the rebel debt having been repudiated by the people,) the banks, 
the railroads, the public schools, and the squandered school fund, the eleemosyn- 
ary institutions, have received, as they demanded, prime attention. It is not strange 
that the novelty and importance of the questions arising in such connexion 
should occasion honest, even obstinate, diversity of opinion. 

8. The two subjects, however, occasioning the most declared and unyielding 
difierence, are the rebels and the freedmen. It becomes necessary in various 
ways to define their respective privileges, both having been to a certain extent 
outlawed — the former by reason of their conduct, the latter by reason of their 
slavery. What some insist upon as a wise and politic liberality towards the 
rebels is branded by others as copperheadism, if not downright treason. What 
some regard as but sheer justice to the freedmen, and a necessary safeguard 
against the reassertion of the rebel sentiment, is denounced by others as radical- 
ism. This division is aggravated and intensified by an admixture of prejudice 



104 ADMISSION TO TENNESSEE. 

and iuterestod motive. The so-called radical clement prevails in the pre.-»ent 
organization of the government. Public sentiment, a^ represented by th(! press, 
possibly, if expressed by the voice of the entire population, irrespective of ante- 
cedent relations, favors the self-styled conservative element. 

9. Whether, upon a submission to the ballot-box, the government would be 
continued in the same hands, or those of men with similar views, is necessarily 
matter of speculalion and conjecture. Such a submission will occur in August, 
1867. Much will depend upon the wisdom, good conduct, and practical success 
of the State administration mea\iwhile ; much upon the turn of affairs throughout 
the country, and much upon the issues, personal and other, that happen to be 
submitted to the people, as friends of the national government, who have stood 
close to it, defending its policy and maintaining its honor all the way through 
the recent conflict. We see no cause for discouragement, provided that the gov- 
ernment will stand by us and give us the moral effect of its support. If, on the 
other hand, we are unrecognized and unsustained ; if we are practically declared 
usurpers, and our effort at restoring our deserted and inanimate State govern- 
ment a usurpation, then Ave are necessarily overborne and swept away. 

10. The unenlightened and narrow-minded rebel sentiment is bitterer and more 
rancorous possibly than during the war, under the humiliation of defeat and dis- 
grace. It is expressed less towards the federal than to the State government, 
and is especially strong towards persons of northern origin, those Union men 
who took an active part for the government against the rebellion, and the freed- 
men. The intelligent rebels, on the other ham I, see and accept the situation, and 
endeavor to make the best of it. Their political aspirations would naturally 
tend to the control first of local affairs, then of the State, and lastly of the 
national government. They hope for much from a division between the execu- 
tive and legislative j)0wers. 

11. The situation of the freedmen is much more satisfactory to themselves, 
however it may appear to others, than when in slavery. There is suffering, 
oppression, injustice, wrong. In the economy of society the world over, poverty, 
ignorance, and weakness entail inevitable hardships. The case of the freedman 
is no exception. In addition, the prejudice of race is a burden. His freedom 
is an idea too proximate to the calamitous overthrow of the rebellion to be >vel- 
comed by those who took part in that foolish and iniquitous enterprise ; while 
the loyal Union man has too long felt his progress in life obstructed by him as 
a slave to relish his presence even in freedom, and his labor no longer organized 
by the intelligence and capital of his master. 

The pre-existing laws applicable to free persons of color were at once applied 
to the freedmen. These allowed him nearly all the civil rights accorded to 
white jjei'sons, except to bear testimony in courts against white persons, and to 
peddle, and to traffic in spirituous liquors. It subjected him to the same crimi- 
nal code, except in some offences against white females and in the measure of 
punishment. He was accorded no pulitical rights, and was subjected to various 
political disabilities. He has been admitted to testify as a white person. It is 
not known that he has received any political enfranchisement. 

12. If it be urged that our Union element, in the beginning, through weak- 
ness and want of support, succumbed to rebellion ; that even now, if left unsup- 
ported and alone, it may once more be overborne ; that the sharp animosities of 
the war do not entirely subside with the cessation of arms, we respectfully sub- 
mit that these are considerations imperative why the national authority should 
rally to us and sustain our effort of self-government by its moral influence, and, 
if need be, by the assertion of its physical power. 

JOSEPn S. FOWLER. 
W. B. STOKES. 
nOKACE MAYXARD. 
February 1, 1866. 



ADMISSION OF TENNESSEE. 105 

Washington, January 25, 1866. 
Brevet Major General Edward Hatch sworu and examined: 

By Mr. Grimes : 

Question. Where is your residence, and how have you been employed for the 
last five years 1 

Answer. My residence is in Muscatine, Iowa ; prior to the war I was engaged 
in the lumber business; I entered the military service of the United States in 
1S61, and have been through the various grades in the army to that of brevet 
major general of volunteers. 

Question. Have you, during the time you have been in the military service 
of the United States, been stationed in the State of Tennessee, or been con- 
nected with the military operations in that State ? 

Answer. Yes, sir. 

Question. Were you so employed during any portion of the year 1S65; and 
if so, during what portion of that year 1 

Answer. The troops vmder my command were on the confines of the State of 
Tennessee the first of the year, and I occupied a portion of West Tennessee, 
having command of a division of cavalry and a post. During September, Octo- 
ber, and November, I was stationed at Knoxville, Tennessee, as chief of cavaliy 
of that department. 

Question. How recently have you been in Tennessee 1 

Answer. I left in December last. 

Question. During the time you were in that State were you much among the 
people of the State ; and do you regard yourself as familiar with the sentiments 
of the people there ? 

Answer. Yes, sir ; in portions of the State. I was often at Nashville, and 
also in other parts of the State a great deal. 

. Question. What conclusions did you reach as to the sentiments of the people 
of that State, so far as loyalty to the federal government is concerned 1 

Answer. Leaving the people of East Tennessee out of consideration, I should 
think that the people of the balance of the State were largely opposed to the 
general government ; that is, that there was no good feeling toward the govern- 
ment. There is very little good feeling towards the United States government, 
except in East Tennessee. 

Question. You regard the public sentiment in East Tennessee as, in the main, 
loyal ? 

Answer. Yes, sir. 

Question. And do I understand you to mean that in Middle and West Ten- 
nessee public sentiment is, in the main, disloyal ? 

Answer. Yes, sir; West Tennessee I consider as disloyal as Mississippi. 

Question. Is it your opinion that the troops of the United States could safely 
be withdrawn from any portion of Tennessee ? 

Answer. Do you mean with safety to the people of the State ? 

Question. Yes, safety to the Union people of the State. 

Answer. They could be safely withdrawn from East Tennessee, for there the 
people could protect themselves. That is the only portion of the State from 
which they could be withdrawn in safety. 

Question. What, in your opinion, Avould be the condition of affairs in Middle 
and West Tennessee, should our military force be withdrawn from those por- 
tions of the State? 

Answer. The loyal portion of the people would be subject to certain ostracism 
which would drive them out of the country. They would legislate against them 
in every way — at least, I have often heard them openly say so. 

Question. Do I understand you to say that the disloyal people there say that 
they would legislate against the loyal white people ? 



106 ADMISSION OF TENNESSEE. 

Answer. Yes, fir; tlicy say that those people who opposed them in this war 
shall not hold ofllcc there; that it^, that they will not vote for any of them, and 
that all civil offices shall be held by their own men. That is the way they have 
always talked to me. 

Question. Is anything else threatened besides depriving them of office ? 

Answer. They say the two people cannot live together. There is no more 
popular man in West Tennessee to-day than the late rebel General Forrest. 
The quartermaster of my old regiment is partner with Forrest on a plantation; 
he said he took the plantation because Forrest is popular, and will take care of 
him and his interests. 

Question. Is this feeling of hostility towards the federal government in Mid- 
dle and West Tennessee quite general ? 

Answer. I think it is. Perhaps much of the hostility towards the govern- 
ment has accrued from the personal animosities of the people; they have been 
fighting among themselves for four or five years, and now have an intense hatred 
for each other, and that feeling, I think, has extended to the government in 
some measure. There are some men in the State — men of large views and land- 
holders — who are willing to accept the state of affairs as it is, and to do almost 
anything in order to farm their lands ; they wish to retain their old labor, but 
they constitute a very small portion of the people. 

By Mr. Grider : 

Question. How long were you stationed in Tennessee ? 

Answer. I had troops in West Tennessee, and was at Eastport, just on the 
confines of the State. 

Question. On the border of Mississippi ? 

Answer. Yes, sir; I was at that post from January until July, 1865. 

Question. State whether the rest of your intercourse with the citizens of Ten- 
nessee was not of a rather cursory nature, when the army was passing from 
point to point. 

Answer. No, sir ; for I have done a great deal of business for them and been 
among them a great deal. I have been in Tennessee more or less since 1862. 

Question. Did you know Colonel Hobson, of Kentucky, a very young man, 
who was with the army at Knoxville ? 

Answer. I may have seen him, but I am not personally acquainted with him. 

By Mr. Grimes: 

Question. I understand you to say that you have been in Tennessee more or 
less for the last three or four years ? 

Answer. Yes, sir; since 1862. 

Question. And most of that time in that State? 

Answer. Yes, sir; I have been stationed at Memphis, Lagi-ange, Collierville, 
and Eastport. I was stationed at Lagrange in the summer of 1863. I know 
West and Middle Tennessee better than my own State ; that is, the roads and 
thoroughfares. 

Question. While travelling about in Tennessee were you always known as 
an officer of the federal army ] 

Answer. No, sir. 

Question. You did not always wear the insignia of your office and rank ? 

Answer. No, sir; not all the time. 

Question. Were communications made to you as freely when you wore the 
insignia of your office as Avhen you did not; that is, communications showing 
the sentiments entertained by the people towards the government and towards 
each other ? 



ADMISSION OF TENNESSEE. 107 

Answer. No, sir; not always. Sometimes people would speak in a very- 
braggadocio way towards officers. As I have already said, men of large views, 
those who understand the question and admit the state of affairs as it is now, 
those men are willing to do anything to sustain the government; but they are 
in a very small minority, and cannot control these fellows. There is every- 
where an intense hostility towards the negro, and I suppose there always will 
be in that State. 

Question. What is the condition of the freedmen in the State of Tennessee ? 

Answer. They can find employment now; but they have the opposition of 
the poor whites, or of the men who own very little property, and that is a very 
intense opposition. 

By Mr. Grider : 

Question. A great many of the original owners of the slaves desire to employ 
their old slaves ? 

Answer. Yes, sir; the reasonable men, the men of education, understand this 
qiiestion. 

By Mr. Grimes: 

Question. Is there any public sentiment there in any instance to prevent the 
original owners from employing their former servants ? 

Answer. Where the original owner has been a liberal, good-hearted man, the 
negro is inclined to work for him cheerfully ; but if he has been a severe mas- 
ter they are afraid of him. Some of the negroes have the idea that they may 
be run off' further south, to Mexico or Cuba, into slavery. The negro has strong 
local attachments, and if his former master was a generous, good man, his 
former servants will work for him cheaper than for any one else. But there are 
not very many liberal men; they worked their servants very hard on their 
plantations. 

• Question. What is the general condition of the freedmen in Tennessee, so far 
as your observation extends ? 

Answer. The negro is perfectly willing to work, but he wants a giiarantee 
that he will be secured in his rights vxnder his contract. I have always found 
them willing to work, since the close of the war, at any rate ; but they want 
their contracts guaranteed to them. They desire to have the government guar- 
antee them for them, and take care of them in that way. They are willing to 
work. But the negro knows that without his rights are secured, and his life 
and property secured, he is not safe from the poor whites. He understands 
their antipathies towards him as well as any one does. 

We have always issued less rations to the negroes there than we have to the 
poor whites. We did not issue one-tenth the rations to the negroes that we did 
to the poor whites. 

The men there who dislike the present state of things do not like to give up 
the negro They think that by some kind of legislation they can establish a 
kind of peonage; not absolute slavery, but that they can enact such laws as 
will enable them to manage the negro as they please — to fix the prices to be paid 
for his labor. That is a very general idea among that class of men. But those 
men of broad views who know that labor will find its level, are in favor of 
hiring the negro and paying him fiiirly. But they are in the minority. 

Question. Do you know anything about the security of the negro's life iu 
Tennessee 1 

Answer. You cannot call his life seciire there. They are liable to be shot by 
the poor whites ; and no doubt it is done every day. 

Question. What do you mean by " poor whites V 

Answer. Men on both sides who have been in the army and are not willing 
to work, and wish to get along the best way they can. 



108 ADMISSION OF TENNESSEE. 

By Mr. Grider: 

Question. Did you or not find among tlie servants a great disposition to ag- 
gregate together, a desire to work together, and a dislike to being separated 1 

Answer. Yes, sir; as I said before, the local attachment of the negro is great. 
I think the negro is anxious to accumulate property. I think that the people 
down there are mistaken in supposing tliat the negro does not desire to accu- 
mulate j)i-operty. In my opinion tlie ncgio does not desire governing ; he wants 
to be acknowledged as a part of the population. Say to him what his labor is 
really worth and pay him for it, and you will have no trouble with hun. 

By Mr. Grimes : 
Question. They need government for their protection ? 
Answer. Yes, sir. 

Washington, January 29, 1866. 

Major General George H. Thomas sworn and examined. 
By Mr. Grimes: 

Question. Where are you stationed at present, and what are the duties which 
you now have to perform ? 

Answer. I am in command of the military division of the Tennessee ; my 
headquarters are at Nashville, Tennessee. 

Question. Of liow many States is your division composed ? 

AnsAver. The division is composed of the States of Kentucky, Tennessee, 
Georgia, Alabama, and Mississippi. 

Question. How many troops are now under your command in the State of 
Tennessee 1 

AnsAver. I cannot state precisely, but I think about six thousand ; princi- 
pally required to take care of public property. 

Question. Where are they stationed for the most part 1 

Answer. At Nashville, Chattanooga, and Memphis. 

Question. So far as your knowledge and observation extend, what is the 
condition of the popular sentiment in the State of Tennessee, so far as it relates 
to the federal government and the rights of the Union people, and of the freed- 
men ? 

Answer. I have studied the condition of affairs in Tennessee pretty carefully, 
and have had practical demonstration of the condition of affairs there ; having, 
in addition to the information I have derived from personal observation, such 
information as I have received from other sources. The Union sentiment in 
Tennessee, of course, has been sufficient to place the State in its present favor- 
able condition towards the government, and, if protected and encouraged by the 
presence of a small Union force, it will gain the complete ascendrncy in the 
State in the course of a year or two. I do not think it would be sate at this 
time to remove the national troops from Tennessee, or to Avithdraw martial law, 
or to restore the writ of habeas corpus to its full extent. 

Question. What is the condition of East Tennessee, as compared with that 
of Middle and West Tennessee ? 

Answer. East Tennessee is perfectly safe, because the Union clement pre- 
dominates there very largely. Middle Tennessee is disturbed by personal ani- 
mosities and hatreds, much more than it is by the disloyalty of persons towards 
the government of the United States. Those personal animosities would break 
oixt and overawe the civil authorities, but for the presence there of the troops of 
the United States. In AVest Tennessee these personal animosities exist even 
more strongly than they do in Middle Tennessee, and there is less loyalty in 
West Tennessee than there is in Middle Tennessee. But the people of Ten- 
nessee desire very much, it is their strongest desire, to be back in the govern- 



ADMISSION OF TENNESSEE. 109 

ment of tlic United States. Still, while they wish to enjoy the rights of citizen- 
ship, they are not friendly towards Union men, particularly men from Tennessee 
who have been in the Union army. They are more unfriendly to Union men, 
natives of the State of Tennessee, or of the south, who have been in the Union 
arm_y, than they are to men of northern birth. 

Question. What is the condition of the Union people in West Tennessee ? 

Answer. The Union people of West Tennessee are in a minority ; but public 
sentiment there is gradually approaching a good loyal standard. 

Question. Do you think there is an improvement going on generally in the 
sentiment of the State ? 

Answer. Yes, sir. I can probably express my idea better in this way : I 
think Ihe people of Tennessee will go on improving in their Union sentiment, 
provided they are prevented from running to extremes against their personal 
enemies in the Union ranks, and the presence of troops there is necessary sim- 
ply to prevent them from committing excesses and being led astray in their pri- 
vate animosities. 

Question. You believe, then, that it would be dangerous either to remove the 
national troops, or to restore the writ of habeas corpus, or to abolish martial law 
in Tennessee ? 

Answer. I do, for the present. 

Question. What is the condition of the freed men in Tennessee ? 

Answer. The condition of the freedmen in Tennessee is very favorable at this 
time. A very great improvement has taken place in their condition ; and if the 
affairs of the Freedmen's Bureau can be administered for another year in the 
way they have been administered for the last six months, mutual confidence 
would be restored between the whites and the blacks; and I am very much in 
hopes that the freedmen could then be left to the protection of the civil authori- 
ties of the State. 

. Question. Then the administration of the Freedmen's Bureau has met with 
your approval 't 

Answer. Yes, sir. 

Question. Under General Fisk] 

Answer. Yes, sir. 

Question. Do the freedmen generally find employment in Tennessee ? 

Answer. I do not know of any difficulty in their finding employment. 

Question. And at fair wages ? 

Answer- Yes, sir; and there is a general understanding among the negroes 
and among the whites that each is to comply with his part of the contract, so 
that there is no difficulty and no dissatisfiiction. 

Question. Has General Fisk the charge of the freedmen in the whole of the 
State of Tennessee ? 

Answer. Yes, sir; and he has charge of the freedmen in the State of Ken- 
tucky, in addition. 

By Mr, Grider: 

Question. Yon say you believe that there is a gradual improvement going on 
in Tennessee as to loyalty 1 

Answer. Yes, sir. 

Question. Will you give your opinion as to whether the admission into Con- 
gress of the representatives from Tennessee would tend to encourage the loyal 
people of Tennessee, and strengthen the feeling of loyalty in that State? 

Answer. I think it would very much. It would not only encourage the loyal 
people to exert themselves, but it would encourage the rebels to return to their 
loyalty, because they would see that their chances and hopes for another out- 
break were passing away from them. If you will permit me to give additional 



110 ADMISSION OF TENNESSEE. 

reasons wliy I think the delegation from Tennessee shouhl be adinitteJ I will 
do so. 

Question. Certainly ; state any reasons you may desire to state. 

Answer. I think the delegation from the State of Tennessee should be ad- 
mitted into Congress for the reason that that State, of her own accord, has com- 
])lii'd with every instruction of the President, and has done all that it was be- 
lieved it would be necessary for her to do in oider to gain admission into ('on- 
gress. All that they have done of their own accord in Tennessee. They have 
repudiated the rebel debt ; they have abolished slavery, and also adopted the 
constitutional amendment upun that subject; they have passed a franchise law 
prohibiting from voting every man who has been engaged in the rebellion ; and 
I believe they have now passed a bill giving the negro tlu.' right to testify in the 
courts; and all the members elected to Congress can take the test oath, both 
senators and representatives; and if their representatives shall be admitted into 
Congress it will be a precedent for all the southern States ; they can see at once 
the reasons why the Tennessee members are admitted, and that if they expect 
their members to be admitted they must do as she has done. 

By Mr. Grimks: 

Question. You have answered the in([uiry of Mr. Grider in regard to the 
propriety of admitting hito Congress the delegation from Tennessee ; state, if 
you please, whether, if her delegation should be admitted into Congress, it 
would be safe for martial law to be then abrogated in the State of Tennessee. 

Answer. I would not abrogate it just yet. 

Question. Would you recommend the abolition of the Freedmen's Bureau 
in that State ? 

Answer. Not yet. 

Question. Even if the Tennessee delegation should be admitted into Congress ? 

Answer. No, sir; I would admit the delegation from Tennessee simply to 
encourage the people of Tennessee to return to their loyalty, and also as an 
example for the otiitir southern States, because you have it in your power to show 
them plainly and clearly why they are admitted at ouf^e and the rest are not ; 
that is, because none of the other States have complied with the same conditions 
that the people of Tennessee have complied with. 

Question. You also stated as a reason why, in your opinion, the State of 
Tennessee ought to be represented in Congress, that, in case that was done, the 
rebel people there would abandon their hopes of another outbreak. Have you 
any reason to believe that they still entertain the opinion, or that any conside- 
rable portion of them do, that there may be another outbreak? 

Answer. I have received communications from various persons in the south 
that there "vvas an understanding among the rebels, and perhaps organizations 
formed or forming, for the purpose of gaining as many advantages for themselves 
as possible; and I have heard it also intimated that these men are very anxious 
and would do all in their power to involve the United States in a foreign war, 
80 that, if a favorable opportunity should offer, they might turn against the 
government of the United States again. I do not think they will ever again 
attemi)t an outbreak on their own account, because they all admit that they 
had a fair trial in the late rebellion and got thoroughly worsted. There is no 
doubt but what there is a universal disposition among the rebels in the south 
to embarrass the government in its administration, if they can, so as to gain as 
many advantages for themselves as possible. 

(^)uestion. In what could those advantages consist, in breaking up the gov- 
ernment? 

Answer. They wnsh to be recognized as citizens of the United States, with 
the same rights that they had before the war. 



ADMISSION OF TENNESSEE. Ill 

Question. How can tliey do that — by involving us in a war witli England or 
France, in which they would take part against us ? 

Answer. In that event their desire is to re-establish the southern confederacy. 
They have not yet given up their desire for a separate government, and if they 
have an opportunity to strike for it again they will do so. 

Question. Does the intelligence in regard to these organizations reach you 
from such authentic sources as to command your belief of their existence? 

Answer. Yes, sir; it comes from very reliable men. 

Question. What is the industrial condition of the people of Tennessee ? Are 
they taking steps to put in crops and employ such labor as is within their reach ? 

Answer. The industrial condition of the State has improved so much that by 
the end of this year I think the people will be more interested in their private 
operations and pursuits than they will in political affairs, and be very much 
quieted down. They are very much encouraged now, and almost every plan- 
tation in the State is being put in operation again. The Union people of Ten- " 
nessee, particularly, wish to be quiet. 

Question. How about the rebels ? 

Answer. A great many of the rebels are going to work, quietly, to cultivate 
their farms. A great many of them say that they failed in their attempt to 
gain their independence of the United States, and that they now wish to be 
quiet citizens of the country, and are going to turn their attention to farming 
again. 

GEO. H. THOMAS, 
Major General United States Army. 



"Washington, January 30, 1866. 
.Brevet Major General Clinton B. Fisk sworn and examined. 
By Mr. Grimes : 

Question. What is your present rank, and what is the duty you now have to 
perform ? 

Answer. I am brevet major general of the United States volunteers and 
assistant commissioner of the Bureau of Freedmen, Refugees, and Abandoned 
Lands, for the States of Kentucky and Tennessee. 

Question. How long have you been employed in that capacity? 

Answer. About eight months. 

Question. How many freedmen have you under your charge ? 

Answer. About 500,000, according to census of 1860. During the greater 
portion of the eight months I have been assistant commissioner, northern Ala- 
bama has been attached to my district. 

Question. You have about half a million of freedmen under your charge now? 

Answer. Yes, sir; for the tAvo States of Kentucky and Tennessee. 

Question. What is the condition of those freedmen, especially in the State of 
Tennessee ? 

Answer. The great mass of the freedmen in the State of Tennessee ai-e in 
what might be called a good condition, and they are constantly improving in 
their condition, both as to industry and elevation. They need the protection of 
the government very much in the State of Tennessee. 

Question. Why do they need it? 

Answer. On account of the opposition of the people to freedmen and justice 
to the negro. 

Question. Is that sentiment of opposition to the freedmen general through the 
State? 

Answer. It is not. 

Question. To what parts of the State, or what classes of people, is it confined ? 



112 ADMISSION OF TENNESSEE 

Answer. Tennessee is peculiar. In no oUicr State do you find the same sort 
of ()p[)osili()n as in Tennessee. My duties, witliin the last eight monllis, liave 
called me through the five States of Kentucky, Tennessee, Alahania, Georgia, 
and Mississippi. I made an inspection tour through the three States helow 
Tennessee, in addition to my own regular duties. It is a melancholy fact that 
among the bitterest opponents of the negro in Tennessee are the intensely rad- 
ical loyalists of the mountain district — the men who have been in our armies. 
Take East Tennessee, for instance. The great opposition to the measure in the 
Tennessee legislature, giving the negro the right to testify and an equality be- 
fore the law, has come irom that section, chieliy. In ]\liddie Tennessee and in 
AVest Tennessee the largest and the wealthiest planters of the old slaveholding 
population have more cordially co-operated with me in my duties than the 
people of East Tennessee. 

Question. In what way docs their opposition manifest itself? 

Answer. In a desire that he should be entirely removed from the State; op- 
posing his education, and right to justice before the law. 

Question. Do the fieedmen manifest a disposition to be industrious and se- 
cure a livelihood for themselves ? 

Answer. They do, and to elevate themselves. They literally hunger and 
thirst for knowledge. 

Question. What proportion of them are able to find employment ? 

Answer. All of them in Tennessee who can do any work. I could furnish 
employers for 25,000 more laborers from my district than I have, such is the 
demand for labor in the valley of the ^Mississippi. During the first twenty days 
of this month we made contracts at the Memphis agency of the Freedmeu's Bu- 
reau covering 7,280 persons, and at good remunerative wages. 

Question. Do the freedmeu recognize you and your bureau as a means of 
protection to them ? 

Answer. They do. 

Question. And they have confidence in your administration of the bureau ? 

Answer. They appear to have the fullest confidence, as also in the military 
administration of that division. The Freedmeu's Bureau has received the most 
hearty and cordial co-operation of General Thomas, the commandant of that 
division. The freedman has no better friend in the country than Major General 
George H. Thomas. 

I do not want to be understood as saying that in Middle and West Tennes- 
see there is no opposition to the freedmeu, for there is. There are slaveholders 
and returned rebel soldiers there who persecute them bitterly, and pursue them 
with vengeance, and treat them with brutality, and burn down their dwellings 
and school-houses. But it is not the rule ; such conduct is exceptional. It 
may not be best for me to speak of Kentucky in this connexion. But contrast- 
ing the two States, I can say that the freedmeu in Tennessee are treated with 
more favor than they are in Kentucky. Tlune is more brutality to negroes, and 
more wicked, malicious persecution of loyalists in the State of Kentucky to-day 
than in the State of Tennessee. I have travelled over both States and ob- 
served carefully. I have travelled incog, in portions of those States I have 
mentioned, going as a Missourian, talking with the people on their plantations, 
and the negroes in their quarters, reaching the real sentiment of the people in 
that way. The opposition to the freedmeu in Kentucky, in many localities, is 
very great — in fact, to freedom itself. 

Question. How large is the pecuniary support that you arc obliged to extend 
to the freedmeu in Tennessee ? 

Answer. I am not to-day issuing a single ration to freedmeu in Tennessee, 
except to about one hundred orphan children, and thirty old people at ]\remphis, 
and about sixty orphan children and twenty-five old peo;^ le at Nashville — that 
is all. 



ADMISSION OF TENNESSEE. 113 

Question. Do you issue rationg to white people in Tennessee ? 

Answer. During the hist year the rations issued to white people in Tennessee 
have been much in excess of those issued to freedmen. When I took charge of 
my district the government was feeding 25.000 people; in round numbers, about 
17,500 white persons, and 7,500 black. The mouth preceding the establish- 
ment of the Freedmen's Bureau, for rations alone for that class of people, the 
sum of $97,000. My first efforts were to reduce the number of these beneficia- 
ries of the government ; to withhold the rations, and make the people self-sup- 
porting as far as possible; and in the course of four months, I reduced the 
monthly expenses from 697,000 to $5,000 ; saving within that time, on subsist- 
ence, teii times as much money as the whole Freedmen's Bureau cost in the en- 
tire district, including all salaries paid to ofiicers and agents for the government. 

Question. Is the military support of the government required now in the State 
of Tennessee in aid of your bureau ? 

Answer. It is. 

Question. Do you believe the affiiirs of the bureau could be safely adminis- 
tered there without the military support of the government ] 

Answer. I do not. My subordinates are chiefly civilians. I select the best 
man for the position I can find in a county. For instance, I select the county 
judge at the county-seat, and give him the agency of the Freedmen's Bureau 
in that county, and under our regulations and instructions he administers our 
affairs. If he needs it, he requests any district or post commandant to give him 
assistance, and he gets it. 

Question. Are they frequently compelled to require such aid and assistance ? 

Answer. They are. 

Question. And you do not think that at this time the military could be safely 
withdrawn from Tennessee 1 

Answer. I do not. 

Question, Do you think that martial law could be safely abolished there at 
this time 1 

Answer. I do not. 

Question. Do you think it would be safe at this time to restore the writ of 
habeas corpus there ? 

Answer. I do not. 

Question. What is the general sentiment of the white population in the State 
of Tennessee at this time in respect to loyalty to the federal Union ? 

Answer. I should think that the majority of the people of Tennessee, count- 
ing them right through, are opposed to the government. I think the. vote at 
the polls to-day, if every man were allowed to vote as he pleased and according 
to his own judgment, would show a majority against the general government. 

Question. Is there any difference in that respect in different parts of the 
State 1 

Answer. Yes, sir ; there is more loyalty in East Tennessee than in any other 
portion of the State, and there is more in Middle Tennessee than there is in 
West Tennessee. 

Question. Is there now safety to the Union people of the State of Tennessee? 

Answer. But little opposition to the Union people has come within my ob- 
servation. A large delegation of the citizens of Memphis waited on me not 
long ago and stated that they were cruelly oppressed by the rebel element of 
the population in that section, and that they feared the military protection was 
to be withdrawn from the State; and they stated to me that if the military was 
withdrawn, those persons in most portions of West Tennessee who had been 
early and consistent friends of the government, and loyal to it, would be com- 
pelled to withdraw with the military. That was their opinion as expressed to 
me. 

Question, Is it your belief that within two or three years there will be a 
H. His. Doc. 55 8 



114 ADMISSION OF TENNESSEE. 

iimtual understancling arrivod at botwcon tlie white and colored population? o 
Tennessee, so that the Frecdinen's Bureau could be dispensed with ? 

Answer. Yes, sir; I believe that with the enactment of just laws, laws se- 
curing- impartial justice to all men, and their enforcement in that State by the 
civil authorities, it would not take that length of time to properly adjust the 
new relations. 

By Mr. G rider : 

Question. Where are your headquarters ? 

Answer. At Nashville, Tennessee, 

Question. How long have you been in Kentucky ? Have you been at 
Frankfort lately ? 

Answer. Yes, sir. I have been in Kentucky the most of the time for the 
last six weeks. I was there often during the summer months and made tours 
through the State. 

Question. When you speak of the vote of the majority of the people of Ten- 
nessee being in o])positiou to the general government, do you mean that the 
majority would vote to overthrow the government, or do you mean that they 
are opposed to the present policy of the government ? 

Answer. I mean this — that I believe a majority of the people of Tennessee 
to-day would prefer that the rebellion should have been a success ; that is my 
meaning. 

Question. Is there, or not, an increasing loyalty — a disposition gradually 
growing up to take position under the federal government and do their duty ? 

Answer. I will tell you just what my observation in that particular has 
been. When I went to that district in June last there seemed to be a general 
disposition on the part of the majority of the people to cordially support the 
government — to return to industrial pursuits, and to let bygones be bygones. 
In the course of three or four months there seemed to be an increase of disaffec- 
tion ; I heard more of complaint against the government, more expressions of 
regret that the rebellion had failed, more open and unjust criticisms of the gov- 
ernment ; then again that spirit subsided, and I believe the feeling to-day in 
Tennessee is growing better. 

Question. As the legislature of Tennessee has adopted the principal measures, 
if not all of the mcasun^s, recommended by the President of the United States, and 
they have elected members of Congress, will you state whether or not you be- 
lieve their admission into seats in Congress would tend to encourage and increase 
the spirit of loyalty in Tennessee, and of attachment to the general government 'I 

Answer. My own opinion about that is this : The State of Tennessee occu- 
pies altogether a different position from that of any State below. In the first 
place, Tennessee abolished slavery by her own actions ; she elected a governor 
by the people ; she repudiated the rebel debt ; she ratified the const tutional 
amendment abolishing slavery, and did all that without Executive indication or 
inauguration. Tennessee furnished thousands for the defence of the Union. 
All this is to her advantage; and were I a member of the Senate or House of Rep- 
resentatives of Congress 1 Avould vote most cheerfully to admit the delegation 
from Tennessee, believing that in so doing I would be taking a step that would 
increase the loyal sentiment of the State, and which would promote the trau- 
([uillity and prosperity of the State. I speak now of Tennessee, 
By Mr. Grimes : 

Question. You discriminate between Tennessee and the more southern States? 

Answer. I do. 



ADMISSION OF TENNESSEE. 115 



Washixgtox, February 2, 1866. 
David T. Patterson sworn and examined. 

By Mr. Grimes : 

Question Where do you reside 1 

Answer. I reside in Greeneville, Greene county, East Tennessee. 

Question. State, if you please, so far as you may know, the condition of the 
public sentiment in Tennessee so far as regards the whole of the State, as well 
as the different sections of it ; the condition of the Union people and the freed- 
men in those different sections ; and what you know in regard to the changed 
condition of the industrial pursuits of the freedmen. 

Answer. I can speak from my own personal knowledge of the condition of 
the loyal people of East Tennessee- In regard to the condition of loyal people 
in Middle and in Western Tennessee, I can only speak from information derived 
from correspondence and conversations with people who live there. In East- 
ern Tennessee the loyal people have an overwhelming majority ; they are the 
dominant party now. But during the war they were subjected to the bitterest 
persecution ; they were driven from their homes ; they were conscripted and 
sent into the rebel armies ; they were persecuted like wild beasts by the rebel 
authorities, and hunted down in the mountains; they were hanged on the gallows, 
shot down and robbed ; every imaginable wrong was inflicted upon them. From 
20,000 to 25,000 loyal men of East Tennessee left their homes, went through 
the mountains into Kentucky,, there joined the federal forces, and fought their 
way back home under General Burnside in 1863. Perhaps no people on the 
face of the earth were ever more persecuted than were the loyal people of East 
Tennessee in 1862 and 1863 ; the persecution commenced just after the burn- 
ing of bridges in 1861. The first conscript law passed by the rebel congress, 
I believe, was passed in April, 1862, and as soon as they got their machinery 
at work they commenced attempting to conscript the Union men of East Ten- 
nessee. As soon as they org-auized their bureaus of conscription and appointed 
their enrolling officers, a great many Union men in East Tennessee escaped 
from the country, while others concealed themselves in the mountains and in 
houses 

At the June election in 1861, on the question of separation from the Union 
and representation in the rebel congress, we had in East Tennessee a majority 
of about 20,000 against those issues. Both questions were presented together. 
Those who opposed them voted " no separation," " no representation ;" those 
who were in favor voted " separation," "representation." 

Upon the occupation of East Tennessee by General Burnside, in September, 
1863, the rebels themselves, those who had made themselves obnoxious, fled 
from East Tennessee, and but few have returned. We have now but few rebels 
in East Tennessee. The Union men, when they were enabled to return, were 
not very amiable, and they resorted to retaliation, and executed a great many 
rebels — paid them back in the some sort of coin they had received at their hands. 
The Union men were guilty of a great many excesses, and can only be excused 
upon the ground that they had themselves been made to suffer terribly by those 
rebels. 

Really, so far as East Tennessee is concerned, we have now very few rebels 
there. We have nothing to fear from rebel votes or from rebel influence in my 
section of the State. 1 doubt very much whether there are more than three 
counties in Eastern Tennessee where a rebel would present himself for any 
office of any character. P^ast Tennessee can take care of itself. The trouble is 
in Middle Tennessee and in Western Tennessee. 

Q,uestion. In West Tennessee, especially 1 

Answer. I suppose there is more disloyalty there ; but I know but little 



116 ADMISSION OF TENNESSEE. 

about public pcutiincnt there. All tlic information I liave I obtain from corre- 
gpoudi'Mce and conversation with j^entlemen living- in that section of the State. 
1 have been in Tennessee but little since the capitulation of General Lee and 
the surrender of the rebel anuies. Since last July I have been here. 

So far as the Freedmen's Bureau is concerned, I know very little of its prac- 
tical operation in East Temiessee. We have very i'tiw freedmen there. In fact, 
I know nothing of the practical operation of the bureau in any part of the 
State. And in East Tennessee, before the war, slavery existed in its mildest 
form. 

Qui'stion. What is your opinion in regard to the propriety of admitting into 
Congress the delegation from Tennessee at this time if 

Answer. Situated as I am, it is very natural I should entertain the opinions 
I do upon that subject. I really think it would be advantageous to the loyal 
sentiment of Tennessee to be represented in Congress. I think the moral 
influence of a representation in Congress would do us good at home. 

It is very difficult to judge of men's motives and their real sentiments; but 
those who were rebels, and who have corresponded or conversed with me upon 
the subject, profess now to be loyal to the government of the United States — to 
accept the results of the war in good faith. 

I have read pretty carefully the address of the central committee of the State, 
and must say that I was sur[)rised to see it. If we have not succeeded in 
making any impression upon the rebel organization in the State, and they were 
to combine together, they could certainly defeat us in a general election ; that 
is to say, they could defeat us in an election for governor. They could not 
defeat us, so far as East Tennessee is concerned,. in an election for members of 
Congress, or for members of the legislature, or for county officers. We have 
no trouble there about that ; we carry all those elections our own way. 

But if, as some of our prominent Union men think, we have made no impres- 
sion upon the rebel organization in that State, then, if they wei'e to combine 
and cast their full vote for candidates of their own, they could certainly defeat 
lis in a general election. 

Washington, Febniary 2, 1866. 
Col. William Spence sworn and examined. 
By Mr. Griaies: 

Question. Where do you reside, and what is your occupation ? 

Answer. I reside three miles from the city of Murfreesboro', Rutherford county, 
Tennessee. My business now is farming. 

Question. Are you a native of Tennessee ? 

Answer. No, sir; I have been there ever since I was five years old ; but I 
was born in Ireland. 

Question. Are you in any public employment at this time % 

Answer. I was elected to the senate of the legislature of Tennessee, and am 
at present a member of that body. 

Question. Have you been in Tennessee during the last five years? 

Answer. Yes, sir ; I have been there all the time, and at home, when I could 
stay there. 

Question. Were you the owner of slave property when the rebellion broke 
out] 

Answer. Yes, sir. 

Question. What is the condition of public sentiment in the State of Tennessee, 
or in the different portions of the State, as regards loyalty to the federal gov- 
ernment ; and what is the condition of the freedmen, and the condition of the 
loyal Union men — those who have adhered to the government during the last 
five years ? 



ADMISSION OF TENNESSEE. 117 

Answer. First, with reg-ard to the Union feeling in the State. Among those 
who have been in the rebellion, and have been pardoned, if the question was in 
reference to obeying the law, I think the most of them would be inclined to obey 
the law. Still, according to my judgment, they would have no very kind feel- 
ing towards the government. But I think they would obey the law as near as 
you could get any body of men to do it. I think the poorer classes who have 
been in the rebellion could be made truly loyal if proper efforts were made. 
They are ignorant and need education. 

In the county where I live the condition of the freedman is very good. There 
is an agency of the Freedmen's Bureau there, but there have been very few cases 
that have to be taken before it for adjustment. The freedmen have behaved 
exceedingly well, and have obtained fair wages. When their time was out this 
year they commenced hiring out again on farms for $15 a month and board. I 
think everything with the freedmon is working well. The poorer classes of 
whites are not getting along so well. They have no schools, and where they 
have no land they cannot get employment as readily as the colored men can. 
The richer men Avill not employ them, for the truth is, they are not as valuable 
for laboring as the negroes are. According to my judgment the poorer classes 
of white people, not only in Tennessee, but all over the south, are scarcely able 
to take care of themselves. They are inclined to be idle and lazy, and think it 
degrading to work. 

I only know from report about other parts of Tennessee. The eastern por- 
tion of the State, where about three-fourths of all the loyal people of the State 
live, is in a peculiar condition in regard to politics. The Union people in my 
section, Middle Tennessee, consider it absolutely necessary for the good of the 
country that the negro should have his rights in court; and not only that, but 
that we should at least inaugurate the principle that those who have fought in 
the army should have the right to vote as well as those who pay taxes and those 
who can read and write. But our Union friends in the eastern portion of the 
State, as we understand it, almost to a man, although the best Union men in the 
land, are opposed to any such thing. 

I think the disloyal sentiment is much greater in West Tennessee than in 
Middle Tennessee; but how far that disloyal sentiment would be carried out if 
opportunity presented I have no means of knowing ; whether it would go so far 
as disobedience to the htw I do not know. I think it probable that in some por- 
tions of the State there might be some lawless fellows who would disobey the 
laws. 

Question. You speak of the operation of the Freedmen's Bureau in your 
county. Do you think it is working advantageously to the planter^ and to the 
freedmen in that county 1 

Answer. There must be some tribunal before which, if there is any dispute, 
it can be settled. But we really have had no use for it of any consequence, be- 
cause we were organized and getting along very well before there was any bu- 
reau established there, and I endeavored to have a law passed by the legislature 
which would have prevented our having any use for it in our section, but we 
failed to get it. I think the Freedmen's Bureau operates very well. 

Question. How does this new system of paid labor seem to satisfy the intel- 
ligent people of Tennessee ? 

Answer. In my judgment it satisfies them remarkably well. I know it sat- 
isfies me. I have made the experiment ; I allowed the freedmen I employed to 
have pretty much their own way, and they made as much as they ever made 
when slaves. I made as much as any of my neighbors made the past year ; in 
fact, I think I made more. I do not hold at all to the idea that negroes will 
not work for compensation. 

Question. What, in your opinion, would be the effect at the next election iu 
Tennessee of admitting her representatives into Congress now? Would it re^ 



118 ADMISSION OF TENNESSEE. 

suit to tlio aflvaiit;i,2:o of tlip Union men of tlic State to admit tlic Tennessee 
rcprcscntativi'S at this tinio ? 

Answer. 1 til ink it would have a good eflPcct. It would sot llio vlinle ma- 
chinery of the State in motion, and the people would become identified with and 
better satisfied with the government of the I'nited States, even those who have 
been in the rebellion ]\Iy judgment would be that different candidates would 
come out at another election, and in some sections what we term radical men 
would be elected ; in other sections what we call conservatives would be elected. 
But I think that in hardly any case — at least not in Middle Tennessee — would 
they elect what would be called rebels, men who have been in the rebel army 
and taken an active part in favor of the rebellitni. They would be afraid, if 
they should put up such men, that the [loorer classes would be arrayed against 
them by the Union people, which I think can be done in every district in Mid- 
dle and West Tennessee ; and if they do that, we will have a civil war at home. 
I really think it would have a very beneficial etlect to admit our representatives 
now. I live in as bad a rebel district as any in the State of Tennessee ; not 
originally any worse than others, but they all got into it at last. The rich men 
had inHuence, and made the poor people go into the rebellion; but I do not 
think they have that influence any longer. 

W. SPENCE. 



"Washington, February 5, 1S6G. 

Lieutenant Colonel John 11. Cochrane sworn and examined. 
By ]Mr. Grimes: 

Question. Are you connected with the army ? 

Answer. I have been; I was mustered out of service last week. 

Question. With what regiment have a^ou been connected? 

Answer. With the 101st United States colored infantry. I was acting assist- 
ant adjutant general for General Fisk, of the Freedmen's Bureau. 

Question. Have you been on General Fisk's stati' until recently? 

Answer. Yes, sir. 

Questiun. How long have you been stationed in Tennessee, and at what 
place ? 

Answer. Since the 5th of September, 1863, at Nashville. 

Question. Have you had occasion to travel much through the State ? 

Answer.. Yes, sir; considerable, at various times. 

Question. Have you been brought in contact with the peoj)le of Tennessee to 
any considerable extent? 

Answer, Yes, sir; my ofScial position brought me in contact with a great 
many people. 

Question. So far as you have been able to form an opinion, what is the pres- 
ent condition of public sentiment in Tennessee as regards loyalty to the federal 
government? 

Answer. I do not think there is much loyalty there. I think the Union 
people are in a very decided minority ; and 1 think it would be still worse if 
our troops were withdrawn. That has been shown, I think, in the sections 
from which the troops have been withdrawn. 

Question. Is there, in any portion of the State, much dissatisfaction with the 
restoration of the federal government ? 

Answer. Yes, sir ; there is a great deal of it in Middle Tennessee and some 
in East Tennessee. 

Question. How is it in West Tennessee ? 

Answer. West Tennessee is bad, too, in some portions of it. 



ADMISSION OP TENNESSEE. 119 

Question. How tolerable is the couditiou of those men who have been loyal 
to the government of the United States throughout the rebellion ? 

Answer. In reference to what ? 

Question. How are they treated and regarded by those who have been dis- 
loyal ? 

Answer. The feeling now is subsiding a great deal ; but there was a great 
deal of opposition by disloyal men to Union men. They seem to harmonize 
now better than they did a year ago. There does not appear to be so much 
trouble between them. Still the Union men are in the minority, as was demon- 
strated at the election of mayor of Xashville ; but there is not much open hos- 
tility between them. 

Question. Are the lives, and is the property, of Union men of the State who 
have borne arms in the federal cause safe and protected at this time ? 

Answer. Yes, sir. I do not know how it would be if the troops were taken 
av\^ay from the State. 

Question. Do you believe the troops could be safely withdrawn at this time? 

Answer. I do not; not from the whole State. They might be safely with- 
drawn from some portions of the State ; but in other parts of the State I do not 
think it would be safe for northern men who have emigrated there, or for the 
Union men of the State who have served in our army, if our troops were with- 
drawn. 

Question. Would it be safe for the freedmen ? 

Answer. No, sir, it would not. 

Question. What is the condition of the freedmen there now? 

Answer. It is very good ; they are making contracts for labor. At General 
risk's office the demand for laborers was five or six thousand more than we 
could supply. 

Question. Do the freedmen receive remunerative wages for their labor? 

•Answer. I think they do. 

Question. Are the labor contracts generally observed on both sides ? 

Answer. Yes, sir, in most instances. We have had but very little trouble 
in consequence of their contracts being violated. 

Question. So far as you know, has the Freedmen's Bureau operated advan- 
tageously for all parties in Tennessee ? 

Answer. Yes, sir, I think so. There has been some complaint about it ; but 
I guess the great cause of the complaint, the freedmen's court, has been removed 
now. The admission of negroes to testify iu the courts will do away with the 
necessity for a freedmen's court. 

By Mr. Grider: 

Question. You say the people of Tennessee are becoming more quiet? 

Answer. Yes, sir. 

Question. What is your opinion as to the effect of the admission of the dele- 
gation from Tennessee into Congress? Would it increase the spirit of loyalty 
or quietude, or would it do otherwise ? 

Answer. I think it would increase it. They feel there uow as though they 
were not represented, as though they were a Territory, and it was hardly worth 
while being loyal. 

Question. Do the men who were in the federal army and those who were in 
the confederate army treat each other with more courtesy than the citizens do? 

Answer. Yes, sir. 

Question. And more generously? 

Answer. We have but little trouble with the men who were in the confede- 
rate army. I found it so iu Tennessee and Kentucky. 



120 ADMISSION OF TENNESSEE. 



AVashixgton, Fehruary 5, 1866. 

Lioutenant Colonel E. "W. Barnard sworn and examined. 
V>y Mr. Grimks : 

Question. Are you an officer of the United States army? 

Answer. Yes, sir; a brevet lieutenant colonel of the United States army. 

Question. AVliere have you been last stationed ? 

Answer. In Tennessee. 

Question. IIow long- have you been there ? 

Answer. I have been stationed permanently there since the last of June, 1864. 

Question. At what place have you been stationed ? 

Answer. At Nashville. 

Question. What has been your duty there 1 

Answer. From the 21st of June, 1864, until about the 1st of August, 1865, I 
was superintendent of contrabands for the department of the Cumberland. 

Question. Is Nashville still your headq^uarters 1 

Answer. Yes, sir. 

Question. What is the condition of public sentiment in the State of Tennes- 
see in regard to loyalty to the government of the United States 1 

Answer. I do not think there are many citizens of Tennessee who are favor- 
able to the government of the United States. 

Question. What do you mean by that ? Do you mean that there is a general 
spirit of disloyalty throughout the State, or merely that they are dissatisfied 
with the condition of things 1 

Answer. Rather that they are dissatisfied with the condition of things. It is 
not disloyalty sufficient to produce an outbreak, but it is a spirit of disaflPection. 

Question. AYhat is the condition of the Union people of the State, those who 
have been loyal during the last four or five years ? 

Answer. Do you mean as regards their treatment by the citizens ? 

Answer. Yes, sir. 

Answer. I do not think they are molested by the southern sympatliizers. 

Question. Is it your opinion that they are thoroughly protected in all their 
rights and privileges % 

Answer. I think they have their rights and privileges by sufferance ; that 
they are simply not interfered with. 

Question. What is the condition of the freedmen in Tennessee 1 

Answer. I think that it is improving. I think that self-interest on the part of 
the employers will protect the freedmen in their rights in a great measure. 

Question. So far as you know, are they now protected in their rights of per- 
sons and property ? 

Answer. As a general thing, I think they are by their employers. 

Question. How are they treated by those who are not their employers ? 

Answer. I do not think they are treated with much cruelty; but they are not 
treated with nmcli favor. There is a dislike to the negro since lie is free, but I 
do not think he is treated with much cruelty in Tennessee Still, I ascribe that 
in a great measure to the presence of the military in Tennessee, and the decided 
policy of General Thomas. 

Question. Do you know whether measures are being taken generally through- 
out the State to put in crops ? 

Answer. Yes, sir ; and there is a great demand for labor from all parts of 
Tennessee by northern men who have emigrated there and citizens of the State 
who have always lived there. 

Question. Is it your opinion that the military could be safely removed from 
Tennessee at this time ? 



ADMISSION OF TENNESSEE 121 

Answer. I hardly know how to express myself on that subject. I have not 
been in favor of removing the military. I can tell you what an old citizen, a 
Union man, said to me. Said he, " I tell you what, if you take away the mili- 
tary from Tennessee, the buzzards can't eat up the niggers as fast as we'll kill 
'em." I do not think it would be as bad as that; but I know there are plenty 
of bad men there who would maltreat the negro. 

Question. What is your opinion, if you have any upon the subject, in regard 
to the effect upon the public sentiment in Tennessee of admitting into Congress 
the delegation from that State 1 

Answer. I think the effect would probably be beneficial. But I am not a 
politician ; I have never meddled with politics ; I have never voted in my life. 
Still, there is such a universal desire there to have their delegation admitted that 
I think it would probably have a beneficial effect. 

Question. From what does that desire arise ? 

Answer. Simply a desire to be represented in Congress, to be recognized as 
a State again. It is a natural desire for a people to have. I do not think there 
is any particular political meaning in it. 
By Mr. Grider : 

Question. Is the inclination or disposition to be severe on the freedmen most 
common with those who formerly owned slaves, or with those who never 
owned any ? 

Answer. There are very few persons of any standing in Tennessee who did 
not formerly own slaves ; therefore, any maltreatment of freedmen would be by 
those who formerly owned slaves. 

Question. Do not a large majority of the people in Tennessee who formerly 
owned slaves, so fnv as they can, seek to retain them by hiring them 1 

Answer. I think they are more anxious to hire their own former slaves than 
to go abroad for laborers — that is, as a general thing; but there are some 
instances where men positively refuse to let a negro come near them who was 
ever owned by them. 

Question. But the general rule is the other way ? 

Answer. I rather think it is. 

Question. Portions of slaves that belonged to particular men went off with 
the army, and some remained at home. Are not the owners of those who re- 
mained at home peculiarly kind and attentive to their interests ? 

Answer. I cannot say how that is in a general way. When I was superin- 
tendent of contrabands there were so many instances of cruelty brought before 
me, and at the same time so much evidence of kindness, that I thought it was 
about equally divided ; it depended a great deal upon the natm-al heart and 
condition of the former owner. 

Question. You speak now of contrabands ? 

Answer. I say my official title was " superintendent of contrabands." 

Question. They were not freedmen then ? 

Answer. Yes, sir. 

Question. The constitutional amendment had not then been ratified ? 

Answer. No, sir ; but the President's proclamation had freed all slaves in 
insurrectionary districts. That is the way I always decided, that the slaves in 
the insurrectionary districts had been all freed by the President's proclamation. 
I decided that the slaves in Kentucky were not freed, but that in Tennessee 
and the other insurrectionary States they were free. 

Question. You speak of your experience as the officer in charge of that in- 
terest before the constitutional amendment was ratified ? 

Answer. Yes, sir ; I have had nothing to do with it since. I have been com- 
manding my own regiment since August last. 



122 ADMISSION OF TENNESSEE. 

Washinuton, February 13, 1866. 
Oliver P. Temple sworn and examined. 
By ^Ir. Bingham : 

Question. Where do you i-eside ? 

Answer. In Knoxville, East Tennessee. 

Question. How long have you resided in Tennessee ? 

Answ(>r. All my life; I was born in Tennessee. 

Question. Will you state what is the present condition of affairs in Tennes- 
see touching the good order of the community, and what it has been for the 
past six or twelve months ? 

Answer. During the last three or four months a large portion of East Ten- 
nessee has been very quiet, consid(;ring tlie condition of the country previous to 
that time. Of course, previous to that time all was disorder and confusion and 
war. At the present time I know of but very little disorder there except such 
acts of personal lawlessness as always grow out of the demoralization resulting 
from some years of war. 

Question. How is it in Middle and in West Tennessee ? 

Answer. Personally I know very little about those parts of the State, for I 
have not been there for some time. 

Question. Do you know by general report ? 

Answer. Yes, sir ; I hear a great deal of complaint from there through the 
newspapers and from other sources of information ; but I have not been out of 
my section of the State in that direction for four years. 

Question. According to your ob^^ervation, does there still exist in the State 
of Tennessee a disunion party ? 

Answer. That is a question very hard to answer. In one sense of the term, 
and probably in most senses of the term, there does exist a disunion party 
there ; in another sense of the term there does not. In my section of the 
State the Union party was very largely in the ascendency during the war and 
up to the present time. The rebels were very hostile, very bitter, and very 
proscriptive until the surrender of General Lee and General Johnston. Since 
that time the large majority of the re'oels in my section of the State with whom 
I have come in contact have expressed a determination to submit to the laws 
and government of the United States, and although I know some original seces- 
sionists who still would desire the overthrow of the government of the United 
States if they had it in their power, I think the majority of the original dis- 
unionists in my section of the State are so overwhelmed by the public sentiment 
around them, and the disasters that have befallen their cause, that they utterly 
despair of accomplishing anything of the kind. 

Now, while I apprehend that that state of acf|uiescence does not exist to the 
Bame extent in Middle Tennessee and in West Tennessee as in East Tennessee, 
yet public opinion has a great eifect upon the sentiments of men, and hence I 
think that a large majority of the original secessionists are disposed to acqui- 
esce in the result of the Avar. I do not think they will ever go to war again 
against the government of the United States, unless there was a much better 
prospect of success than has yet presented itself In other words, I think they 
are inclined to submit to the existing state of affairs. They complain, it is true ; 
but I do not think they have any intention of rebelling again ; at least they say 
they have not in their conversations with me. I have had some conversations 
with them, though I am not so intimate with them as a great many others are, 
because I am known throughout my region of country as a very decided Union 
man, and by some regarded as an ultra man. 

Question. Have all the secessionists been disfranchised under the new State 
organization of Tennessee ? 



ADMISSION OF TENNESSEE, 123 

Answer. They have not all been disfranchised — only those who cannot take 
a certain oath; certain persons who did not vote at certain elections that are spe- 
cified in our laws are permitted to vote. 

Question. What proportion of the former voting population of Tennessee have 
been disfranchised by the existing State organization ? 

Answer. I do not know ; I have never made the calculation. I have seen a 
great many statements made by politicians, but I have never seen any state- 
ment that I had reason to believe was accurate. I should suppose that from 
40,000 to 60,000, perhaps more, voters have been disfranchised. 

Question. Is not that a majority of the whole voting population of the State ? 

Answer. I think our voting population before the war was about 145,000. 
I do not know how that number has been affected by the war. 

Question. What is the highest vote given at any election under the present 
organization 1 

Answer. I think that some 40,000 votes were given in the election for gov- 
ernor of the State. 

Question. Is it or not your opinion that if the white people of the state were 
all put on an equality in regard to the franchise, a majority of secessionists and 
sympathizers with the secessionists would secure the control of the aftairs of 
the State, and elect its officers 1 

Answer. I very much fear they would ; but I am by no means certain about 
that ; I think that would depend somewhat upon the policy adopted by our 
jjarty at the i»orth. If a very ultra and extreme policy is adopted at the 
north it will in all probability, supposing the secessionists should have the 
privileges of the ballot-box, have a tendency to increase their numbers. If a 
milder policy is adopted, it will have a tendency to strengthen the Union ele- 
ment. Party combinations are shifting so in our State, and I suppose every- 
where now, that it is very difficult to predict iii advance what the relative 
strength of parties will be in the future. I should have some fears that if the 
franchise laws of our State were repealed and a free election were allowed, the 
rebels permitted to vote, the control of the State would pass into the hands of 
the rebels ; indeed I believe it would. 

Question. Do you think it would be safe for the Union men of Tennessee 
to allow the whole voting population of the State as it formerly existed to con- 
trol the affairs of that State without any federal interference at all ? 

Answer. The Union people in our section of the State would unquestionably 
be safe. I cannot answer positively in reference to the other divisions of the 
State. East Tennessee is able to take care of itself beyond any question in the 
world ; no doubt about that. With the present franchise act of our State in opera- 
tion, 1 have but very little doubt but what the Union men would be able to 
take care of themselves there. 

Question. Excluding the rebels from voting ? 

Answer. Yes, sir. 

Question. But my question was, supposing the right of suffrage was restored 
to all the people ? 

Answer. I should apprehend that in certain sections of the State the Union 
men would be in very great danger; that is, from what I hear, not from what I 
know, because I live in a section of the State where we have no apprehensions 
whatever 

Question. Suppose the whole body of the white population of Tennessee was 
admitted to the exercise of the franchise, what in your opinion would be the 
security of the freedmen in Tennessee without federal intervention ? 

Answer. I am inclined to the opinion that there would be individual instances, 
and probably a considerable number of them, where the freedmen would be 
very badly treated ; but, on the other hand, I am inclined to the opinion that a 
majority of the people of the State would be disposed to respect their rights 



124 ADMISSION OF TENNESSEE. 

even if all restraints were removed. I am very well satisfied of one fact — that 
the attempt on the part of our friends to protect the freedmen there, (as a 
necessary consequence there have been some unwarranted acts, not intentional, 
upon the j)art of persons who were superintendinj; that freednien's department,) 
Las had a tendency to create a feeling of ill will towards the freedmen that 
W0uld not naturally and of itself have existed. I myself think that a majority 
of the southern people entertain a feeling of kindn(!ss for those who were for- 
merly their slaves. I have always felt that, although 1 have never in my life 
been an ultra man upon the subjc^ct of slavery, and have always preferred my 
government to the institution of slavery, as is very well known in my section of 
the State, I was perfectly willing to give up the institution of slavery. I do 
not think that there is the same enmity towards the blacks upon the part of the 
southern people, even if extraneous influences were removed, as is commonly 
supposed in the north. But possilily I judge more from my own feelings to- 
wards those I formerly controlled than from other reasons ; it may be that has 
too much influence upon m}^ opinion upon the subject. 

Question. You mentioned forty thousand votes as having been given at one 
election in Tennessee ; were they given for the same candidates, or were they 
divided among opposing candidates ? 

Answer. My recollection is that about forty thousand votes were given for 
the Union ticket. I am not sure that any at all were given for the opposite 
ticket, but I may be mistaken about that. I have been very busily engaged in 
other pursuits, and am not a regular professed politician in any, way, though I 
take an interest in such matters. 

Question. Was there a military force present at the last election in the State, 
in any manner controlling it 1 

Answer. So far as I know, and so far as I have ever been authentic illy in- 
formed, there was not. There was a military force in the State ; but if the 
military interfered at all in the elections there, I have no authentic information 
about it. 

By Mr. Grider : 

Question. What is your opinion and your conviction as to the effect of ad- 
mitting the present delegation of representatives now elected from the State of 
Tennessee 1 Would it increase the loyalty and gratify the feelings of the peo- 
ple of the State, and would it decrease it to exclude them 1 

Answer. I think to admit the representatives would unquestionably strengthen 
the loyal men there very much, and to reject them would unquestionably 
strengthen the disloyal element. I think that rejecting them would have a ten- 
dency to make a great many Union men discontented, and when men become 
discontented it is a very easy matter to drive them off into the opposite extreme. 
I desire to state one thing more definitely and distinctly than I have stated in 
my former answer with reference to the disunionists. I do not pretend to say, 
nor do I mean to be understood in anything I have said to say, that the original 
secessionists in our State have changed their hearts. I think their hearts are 
just where they were four years ago ; but a great many of them are acquiescing 
in the present condition of things, and I think a great many of them intend to 
continue to accjuiesce in the supremacy of the government of the United States. 
But I think tlu'ir hearts are just where they were before ; or, at least, that is 
the case with a majority of them. 

Question. I will ask you whether those gentlemen who are acquiescing, and 
who say they are willing to submit to the general government, are not generally 
men of capacity and influence and consideration 1 

Answer. Yes, sir ; they are generally, so far as I know, because those are the 
persons I generally come in contact with. I have not come in contact with 
many of the common refugees, and I know very little about their sentiments. 



ADMISSION OF TENNESSEE. 125 

It is generally persons of position with whom 1 have come in contact, or with 
whom I have had conversation. I have had conversation with a great many of 
them, and they are men generally of standing and respectability, or were so be- 
fore the war. A great many of them have fallen off very much, in my estima- 
tion, since that. 

Washixgton, February 13, 1866. 
John Williams sworn and examined. 
By Mr. Bingham : 

Question. In what part of Tennessee do you reside, and how long have you 
resided in that State ? 

Answer. I reside in Knox county. East Tennessee, and have resided there 
all my life. 

Question. Have you the means of knowing the general state of public feel- 
ing in Tennessee ? 

Answer. I think I have. 

Question. What is the feeling of the majority of the people of Tennessee 
towards the government of the United States ? 

Answer. So far as I am advised, it is my opinion that the feeling of not 
only the majority, but almost the entire mass of the people of Tennessee, is 
friendly towards the government of the United States. I know of no opposi- 
tion there, and hear of none except through the newspapers. You can hear 
contradictory statements upon that subject almost every day. Some contend 
that there is opposition to the government. But my observation is that there is 
none anywhere in the State, so for as I am advised. The rebels have been 
thoroughly whipped, and I think they are disposed to acquiesce in the 
supremacy of the authority of the United States. 

Question. Are the rebels disposed to take the possession and control of the 
government of Teimessee, if they get the chance to do so ? 

Answer. I suppose if you were to give them the privilege of voting, as a mat- 
ter of course they will go to the polls like everybody else, and they will vote ; 
and in that event, there being a majority in Tennessee of those who were 
rebels, they would get the control of the State. But I am one of those who 
do not believe there is much opposition in the State of Tennessee to the govern- 
ment of the United States. If you permit them to go to the polls, of course 
they would be in the majority, because there are more of them than of the 
other party in Tennessee. 

Question. What is the relative strength of the rebel population in Tennessee, 
compared with the white Union population? 

Answer. I think that upon the question of separation from the Union, which 
was the last real test we had there, there were from 40,000 to 45,000 for the 
Unit in, and about 100,000 for secession. That was about the vote, as well as 
I now recollect. 

Question. Is it your opinion that the two parties sustain about that relative 
relation now? 

Answer. I do not think they do. 

Question. What do you think is now the difference between the whole num- 
ber of Union votei'S and rebel sympathizers in Tennessee? 

Answer. That I cannot tell. We can only judge of that from the test of an 
election, and we have had no election which was anything like a test since the 
8th of June, 1861, and therefore it would be impossible for me to form any 
exact idea as to what would be their relative strength at this time. I do not 
think, however, the proposition to secede again would now get a single vote 
in Tennessee. 



126 ADMISSION OF TENNESSEE. 

Question. I do not mean wlietlier tliey would vote for ^ocespion now, but 
whether the rebels would vote to give themselves the control of the State. 

Answer. My observation and experience for the last twelve months in Ten- 
nessee would lead me to believe that some of those who have been the worst 
rebels have now got to be some of the most noisy Union men ; they are the 
most clamorous and make the most noise. The great body of the Union men 
in my section of the country have not been to an election for some time. Tliey 
refused to vote at any of the elections under the secession government, and a 
great many of them have not gone back to the polls since they have been 
under federal rule. 

Question. What is the reason of that? 

Answer. I suppose it is for various reasons. There is a state government in 
Tennessee now which a great many of the Union men do not indorse. 

Question. Why do they not indorse it? 

Answer. Because they do not think it was organized in accordance with prin- 
ciples laid down in the constitution of the State of Tennessee; that is all. 

Question. Do they still have that opinion? 

Answer. I think a great many of them have. Still they acquiesce in the gov- 
ernment; they offer no resistance to it. You are asking me for my opinion. 

Question. Undoubtedly; and a great deal of this testimony which you are 
giving is merely your opinion. Do these Union men of whom you speak intend 
to remain away from the polls under the existing State organization? 

Answer. I do not think they do. I think, as time rolls on, they will all go 
back to the jjoIIs. But men in a high state of excitement Mill not do a great 
many things which otherwise they will do. 

Question. Do you know anything about any agreement or organization among 
the rebels to acquiesce for the present, and after restoration to take control of 
the State? 

Answer. I have no knowledge of any such organization. 

Question. Neither from rumor nor otherwise? 

Answer. None, except what I have seen published in the Nashville papers, 
as coming from some gentlemen there. A Mr. Fletcher, and others who are on 
a committee there, say that such is the fact. But 1 have no knowledge of the 
existence of any such organization. 

Question. Those men to whom you refer have made that statement public? 

Answer. Yes, sir; it is contained in an address to Congress, which I suppose 
you have all seen. 

Question. Do you think with the State of Tennessee under the control of 
rebels, M'ithout any restraint upon them from federal intervention, justice would 
be done to the freedmen in that State? 

Answer. I do not think there is any disposition upon the part of anybody in 
Tennessee, rebel or Union, to inflict any injury upon the colored man. 

Question. That is not exactly an answer to my question? 

Answer. Well, I will endeavor to answer as well as I can. 

Question. My question is whether you think, if the control of the State should 
pass into the hands of the rebel majority, justice would be done to the freedmen 
la Tennes.-ee? 

Answer. I think it would ; because I know personally a great many rebels 
who are as kind to the negro as any one else is, and therefore 1 think it is fair 
to infer that they would continue to be so. 

By Mr. Gridrr: 

Question. What effect do you think the admission into Congress would have 
upon the spirit and temper of the people of Tennessee? Would it gratify them 
and make them more loyal, or would it tend to encourage the rebel feeling there? 

Answer. 1 think it would have a very beneficial influence; I think it would 



ADMISSION OF TENNESSEE. 127 

go a great way towards bringing about a better state of feeling than perhaps 
exists there now. There are some of our people there, good Union people, who 
are disposed to complain of the action of Congress in not admitting our repre- 
sentatives. I think their admission would jjut them in good humor and make 
them feel better disposed towards the government. 

Washington, February 13, 1866. 

Abner G. Jackson sworn and examined. 
By Mr. Bingham : 

Question. In what part of Tennessee do you reside, and how long have you 
resided there? 

Answer. I reside in Kuox county, East Tennessee, and I have resided there 
for fifty-seven years. I was born in the neighborhood of Petersburg, Virginia. 

Question. What is your opinion of the present feeling of the majority of the 
people of Tennessee towards the friends and defenders of the Union in the State 
of Tennessee 1 

Answer. So far as my observation goes, the feeling of the secession party is 
nothing like as bitter as it was some time ago. Until within the last two or 
three months there has been a great deal of bitterness and a great deal of trouble. 
But it is now much more quiet, so far as my observation goes. 

Question. Is it your opinion that the active Union men of Tennessee would 
be safe if the control of the government of the State was transferred to the hands 
of the majority, that majority being understood to have been rebel ? 

Answer. I really think they would. I should be perfectly willing to risk it 
if it were thought practicable and advisable to do so. But just in that con- 
nexion, speaking of rebels, perhaps you and I would differ as to who were 
rebels. My neighbor, for instance, has been a rebel ; but he is an honest man, 
and comes up and takes the oath. I do not now look upon him as a rebel, be- 
cause by taking the oath he has wiped out his sin of rebellion. In regard to 
honest men, I take a different view of that subject from some others. An honest 
man before the war will be an honest man after the war. 

Question. In what majority are those persons in Tennessee who have been 
in favor of the rebellion ? 

Answer. I am not as well posted in that respect as some others are. 

Question. Do you think they would be as about two to one to the Union men 
in Tennessee ? 

Answer. I think, taking the whole State, perhaps they would be, or that they 
have been. 

Question. Are they now 1 

Answer. I do not think they are. 

Question. Are they in the majority in the State now ? 

Answer. I think it very likely that they have a decided majority. 

Question. Do you think the vote of the State now would be in the proportion 
that Mr. Temple has stated, whose testimony you have heard ? 

Answer. I form my opinion more from what Mr. Temple and Mr. Jackson 
have stated than from my own observation, for they have bestowed more pains 
upon this subject than I have. 

Question. Do you know about what was the vote of Tennessee for governor 
at the last election for that office? 

Answer. I do not ; I was absent from Tennessee at that time. 

By Mr, Grider : 

Question. You have spoken of the bitterness that existed between the rebels 
and the Union men some months ago. Will you not state whether that was not 



128 ADMISSION OF TENNESSEE. 

rather a personal diirereuce, rather than a feeling of opposition towards the 
United States government? 

Answer. It was a personal difference, and confined to very low people, as a 
general tiling. 

Qnef^tion. What effect, in yonr opinion, wonld the admission of the delegation 
from Tennessee into Congress have upon the people of the State? Would it 
have a good effect ? 

Answer. I think it woxdd have a very decided effect to harmonize the people 
of Tennessee. 

Question. Will you state Avhether the rebel officers and the Union officers 
who have met in your neighborhood since the war ceased have not got along 
harmoniously together and like gentlemen ? 

Answer. Officers and soldiers both have done so; that is true, with the ex- 
ception, as I stated before, of low fellows. 



INDEX. 



k 



9 Page 

Memorial of citizens of Tennessee 1 

Acts of the State of Tennessee for the year 1 865 2 

Memorial of the Union Central and German Union Central Committee of Tennessee.. 91 

Letter from R. Hough to Hon. John W. Leftwich 98 

Certificates of election of Horace Maynard, William B. Stokes, and Samuel M. Amell. . . 95, 96 

Statement of R. Hough, internal revenue collector for the Memphis district 96 

Answer to inquiries by Cooper 98 

Opinions of J. W. Leftwich in relation to loyalty of his constituents 100 

Views of J. S. Fowler, W. B. Stokes and Horace Maynard in relation to the present 

State government of Tennessee 102 

Testimony of Major General Edward Hatch 105 

Major General George Thomas 108 

Major General C. B. Fisk Ill 

David T. Patterson 115 

Colonel Wm. Spence 116 

Lieutenant Colonel J. H. Cochrane 118 

Lieutenant Colonel R. W. Barnard 120 

Oliver P. Temple 122 

John Williams 125 

A. B. Jackson 127 



LBu 



19 



i 



